Localism Bill

SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 14th June 2011, as follows—

Clauses 74 to 94
Schedule 8
Clauses 95 to 101
Schedules 9 to 11
Clauses 102 to 106
Schedule 12
Clauses 107 to 112
Schedule 13
Clauses 113 to 138
Schedule 14
Clauses 139 to 145
Schedule 15
Clauses 146 to 156
Schedule 16
Clause 157
Schedule 17
Clauses 158 to 161
Schedule 18
Clauses 162 to 171
Schedules 19 and 20
Clauses 172 to 174
Schedule 21
Clauses 175 to 198
Schedule 22
Clauses 199 to 201
Schedule 23
Clauses 202 to 207
Schedule 24
Clauses 208 to 211
Schedule 25
Clauses 212 to 215

[Amendments marked * are new or have been altered]

Clause 74

LORD GREAVES

LORD TOPE

133E

Page 61, line 9, leave out subsection (3)

LORD HOWARD OF RISING

134

Page 61, line 10, leave out “the end of the period of” and insert “no later than”

135

Page 61, line 14, leave out subsection (4)

LORD JENKIN OF RODING

LORD GREAVES

135ZA

Page 61, line 14, leave out subsections (4) and (5)

LORD GREAVES

LORD TOPE

135A

Page 61, line 16, at end insert “or different periods according to the type of asset of the provision made under subsection (5)”

LORD HODGSON OF ASTLEY ABBOTTS

136

Page 61, line 19, at end insert—

“( ) the definition of an asset of community value;”

LORD JENKIN OF RODING

LORD GREAVES

136ZZA

Page 61, line 32, leave out from beginning to “it”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill.

Clause 75

LORD JENKIN OF RODING

LORD GREAVES

136ZZB

Page 61, line 36, leave out subsection (1) and insert—

“(1) The local authority will determine whether or not a building or other land is of community value in accordance with criteria previously agreed and published by the local authority.”

LORD COTTER

LORD JENKIN OF RODING

136ZA

Page 61, line 38, at end insert “, except that land of community value may only be land owned by a relevant public authority or land where the owner has agreed that it may be determined land of community value”

LORD JENKIN OF RODING

LORD GREAVES

136ZAA

Page 61, line 39, leave out subsection (2) and insert—

“(2) The local authority must consult any relevant body, organisation and individual it considers appropriate before agreeing and publishing these criteria.”

LORD GREAVES

LORD TOPE

136ZAB

Page 61, line 42, leave out “is specified in the regulations”

136ZAC

Page 62, line 4, leave out “or some other person specified in the regulations”

LORD JENKIN OF RODING

LORD GREAVES

136ZAD

Page 62, line 9, leave out subsection (3) and insert—

“(3) These criteria may be framed by reference to such matters as the local authority considers appropriate.”

LORD GREAVES

LORD TOPE

136ZB

Page 62, line 21, at end insert—

“( ) For the purposes of this section “land of community value” does not include—

(a) an allotment, common, open space, nature reserve or playing field in the ownership or management of a national or local authority or a charity whose purpose includes the management or conservation of that land for the public benefit,

(b) access land, or

(c) land governed by an approved estate management scheme under section 19 of the Leasehold Reform Act 1967 or section 69 of the Leasehold Reform, Housing and Urban Development Act 1993.”

136ZBA

Page 62, line 21, at end insert—

“( ) A building or other land is not to be included in the list of assets of community value if—

(a) the uses of the building or other land include a use or uses of a description that could result in its inclusion in the list, and

(b) those uses are ancillary to the main use or uses of the building or other land.”

136ZC

Page 62, line 22, at end insert—

““access land” means—

(a) “access land” within the meaning of section 1 of the Countryside and Rights of Way Act 2000,

(b) land subject to an access agreement or order under Part 5 of the National Parks and Access to the Countryside Act 1949, or

(c) land over which the public have access under section 15 or 16 of the Ancient Monuments and Archaeological Areas Act 1979;

“allotment” means any allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act;

“common” includes any land subject to being enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

“open space” means any land which is—

(a) laid out as a public garden,

(b) used for the purposes of public recreation, or

(c) a disused burial ground;”

LORD GARDINER OF KIMBLE

EARL CATHCART

136ZD

Leave out Clause 75 and insert the following new Clause—

“Land of community value

(1) With the exception of buildings or other land specified in regulations or of a description specified in regulations made by the appropriate authority, a building or other land in the local authority’s area is of community value if in the opinion of the local authority—

(a) it satisfies the primary requirements in all cases; and

(b) it satisfies the secondary requirement where the local authority considers that it is appropriate to take this into account in the circumstances of the particular case.

(2) The primary requirement is that the building or other land furthers or has recently furthered the social wellbeing or interests of the local community.

(3) The secondary requirement is that the building or other land furthers or has recently furthered the economic or environmental wellbeing or interests of the local community.

(4) In deciding whether a building or other land is of community value, the local authority must take into account—

(a) the current or former use of the building or other land;

(b) any different use proposed by the nominator;

(c) planning policies relating to the land;

(d) statutory provisions which restrict or may in future restrict the use or disposal of the land;

(e) the availability locally of other land which has the same use or may in the future have the same use as the recent, current or proposed future use of the nominated land;

(f) evidence of local opinion as to whether the land should be listed; and

(g) any other matter it considers relevant.

(5) For the purpose of deciding whether the primary requirement is satisfied, furtherance of social wellbeing includes use for cultural, sport and recreation purposes.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD JENKIN OF RODING

 

The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.

Clause 76

LORD JENKIN OF RODING

LORD GREAVES

136ZE

Page 62, line 33, leave out paragraph (b) and insert—

“(b) by the local authority acting on its own initiative.”

136ZF

Page 62, line 34, leave out subsection (2) and insert—

“(2) Local authorities will determine criteria for what constitutes a “community nomination”.”

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD MAWSON

136A

Page 62, line 38, at end insert—

“( ) by a community organisation operating in the local authority area,”

LORD GARDINER OF KIMBLE

EARL CATHCART

136B

Page 62, line 43, leave out “a person specified, or” and insert “voluntary and community bodies with a local connection”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

136BZA

Page 62, line 43, after “person” insert “or persons”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

136BZB

Page 62, line 44, at end insert “and who is a resident and eligible to vote in local elections of the relevant authority”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

136BZC

Page 62, line 44, at end insert—

“(iv) by the local authority”

LORD JENKIN OF RODING

LORD GREAVES

136BA

Page 62, line 45, leave out subsection (3) and insert—

“(3) The local authority will agree and publish the criteria and procedure it will follow where it is considering whether land should be included in its list of assets of community value.”

LORD GREAVES

LORD TOPE

136C

Page 63, line 2, at end insert—

“( ) Regulations under subsection (2)(b)(iii) may in particular permit a person or body specified to represent sections of a community—

(a) with a particular interest, disability or advantage, or

(b) who have a common private right to use land by virtue of their ownership or occupation of neighbouring property.”

LORD JENKIN OF RODING

LORD GREAVES

136CA

Page 63, line 3, leave out subsections (4) and (5)

LORD GREAVES

LORD TOPE

LORD JENKIN OF RODING

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 76 stand part of the Bill.

Clause 77

LORD JENKIN OF RODING

LORD GREAVES

136CB

Page 63, line 13, leave out subsection (1)

136CC

Page 63, line 14, leave out subsection (2) and insert—

“(2) Local authorities will consider all nominations which meet their criteria for what constitutes a “community nomination”.”

136CD

Page 63, line 15, leave out subsection (3) and insert—

“(3) The local authority will accept all community nominations that are in the local authority’s area and meet their previously agreed criteria for land of community value.”

LORD HOWARD OF RISING

137

Page 63, line 15, leave out “must” and insert “may”

138

Page 63, line 18, leave out “is required by subsection (3) to accept” and insert “accepts under subsection (3)”

139

Page 63, line 23, leave out subsection (6)

LORD COTTER

139A

Page 63, line 25, at end insert—

“( ) In considering whether to accept a community nomination, a local authority must be satisfied that the person or body making the nomination has demonstrated that it has the intention and capacity to be treated as a potential bidder should a relevant disposal be entered into.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 77 stand part of the Bill.

Clause 78

LORD HOWARD OF RISING

140

Page 64, line 2, leave out subsection (4)

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.

Clause 79

LORD JENKIN OF RODING

140A

Page 64, line 18, leave out from “limits” to end of line 19

LORD HOWARD OF RISING

141

Page 64, line 24, leave out paragraph (b)

141A

Page 64, line 32, leave out sub-paragraph (ii)

141B

Page 64, line 36, leave out “may” and insert “must”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.

Clause 80

LORD HOWARD OF RISING

142

Page 65, line 8, leave out subsection (3)

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 80 stand part of the Bill.

Clause 81

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 81 stand part of the Bill.

Clause 82

BARONESS HANHAM

142A

Page 66, line 11, at beginning insert “A person who is”

LORD HODGSON OF ASTLEY ABBOTTS

143

Page 66, line 13, leave out “C” and insert “D”

LORD COTTER

143ZA

Page 66, line 13, at end insert “, unless the relevant disposal will be the sale of the land privately to another business for the same use as when it was listed as an asset of community value”

BARONESS HANHAM

143ZB

Page 66, line 14, leave out “the owner” and insert “that particular person”

143ZC

Page 66, line 14, leave out “the owner’s” and insert “that person’s”

143ZD

Page 66, line 17, leave out “or the owner”

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

143A

Page 66, line 20, at end insert—

“( ) where the owner is a public body, any community interest group or groups which meet the requirements of subsection (3)(a) have been provided with the option of first refusal to purchase the asset, with regulations for this purpose specified by the appropriate authority, or”

LORD HODGSON OF ASTLEY ABBOTTS

144

Page 66, line 22, at end insert—

“( ) Condition D is that where a relevant disposal of land is in relation to an existing business, the full moratorium period is only applicable in the following circumstances—

( ) the business is at risk of closure;

( ) the business is closed;

( ) the business is subject to an application for change of use;

( ) the building is subject to a demolition order.”

LORD GARDINER OF KIMBLE

EARL CATHCART

144A

Page 66, line 23, after “land” insert—

“(a) where that land is part of a larger parcel of land held as a single legal estate;

(b) to transfers—

(i) made other than for value;

(ii) between members of the same family, whether for value or not;

(iii) due to inheritance;

(iv) between companies in the same group; or

(v) occasioned by resignation or death of partners in a firm or trustees of a trust, or between trustees of a single trust; or

(c) ”

LORD HOWARD OF RISING

145

Page 66, line 24, at end insert—

“( ) Where a request by a community interest group to be treated as a potential bidder in relation to a relevant disposal has been made, an interim or full moratorium period may not last for more than six months.”

LORD HODGSON OF ASTLEY ABBOTTS

146

Page 66, line 37, at end insert—

“( ) The moratorium timescales in relation to a relevant disposal are as follows—

( ) the interim moratorium period is two weeks;

( ) the full moratorium period is three months;

( ) the protected period in relation to a relevant disposal is 18 months.”

147

Page 66, line 38, leave out subsection (7)

BARONESS THORNTON

BARONESS LISTER OF BURTERSETT

LORD PATEL OF BRADFORD

LORD MAWSON

147A

Page 66, line 41, after “shorter” insert “than six months and must not be shorter”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 82 stand part of the Bill.

Clause 83

BARONESS HANHAM

147B

Page 67, line 7, leave out “, assignment or surrender” and insert “or assignment”

147C

Page 67, line 8, leave out “, assignment or surrender” and insert “or assignment”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 83 stand part of the Bill.

Clause 84

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.

After Clause 84

BARONESS HANHAM

147D

Insert the following new Clause—

“Informing owner of request to be treated as bidder

(1) Subsection (2) applies if—

(a) after a local authority has received notice under section 82(2) in respect of land included in the authority’s list of assets of community value, and

(b) before the end of the interim moratorium period that applies under section 82 as a result of the notice,

the authority receives from a community interest group a written request (however expressed) for the group to be treated as a potential bidder in relation to the land.

(2) The authority must, as soon after receiving the request as is practicable, either pass on the request to the owner of the land or inform the owner of the details of the request.

(3) In this section “community interest group” means a person who is a community interest group for the purposes of section 82(3) as a result of regulations made under section 82(6) by the appropriate authority.”

LORD GREAVES

LORD TOPE

147DA

Insert the following new Clause—

“Local authority additional powers for assets of community value

(1) A local authority may acquire and make fit for community use any land that is included in the authority’s list of assets of community value.

(2) An acquisition under subsection (1) may be by compulsory purchase if authorised by the Secretary of State.

(3) Any land acquired under subsection (1) or any interest in it less than that acquired may be sold or let to a community interest group or to a person representative of the group.

(4) A sale or letting under subsection (3) may, subject to appropriate restrictions of use and further disposal, be at less than the full market value.

(5) A local authority may contribute the whole or part of any expenditure that is incurred by or on behalf of a community interest group in the acquisition, improvement or maintenance of a community asset subject to appropriate conditions.”

Clause 85

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

147DB

Page 67, line 34, leave out “may” and insert “must”

BARONESS HANHAM

147E

Page 68, line 9, at end insert—

“(vii) appeals against decisions made under the regulations.”

LORD BEECHAM

LORD MCKENZIE OF LUTON

LORD PATEL OF BRADFORD

147EA

Page 68, line 9, at end insert—

“(3) In the event of a dispute as to the amount of compensation, the matter shall be referred to the District Auditor for determination.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 85 stand part of the Bill.

Clause 86

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 86 stand part of the Bill.

Clause 87

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 87 stand part of the Bill.

After Clause 87

BARONESS HANHAM

147F

Insert the following new Clause—

“Co-operation

If different parts of any land are in different local authority areas, the local authorities concerned must co-operate with each other in carrying out functions under this Chapter in relation to the land or any part of it.”

Clause 88

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 88 stand part of the Bill.

Clause 89

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 89 stand part of the Bill.

Clause 90

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 90 stand part of the Bill.

Clause 91

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147FZA

Page 70, leave out lines 14 to 22 and insert—

“(a) a London borough,

(b) a metropolitan district,

(c) a unitary council,

(d) a county council, or

(e) by agreement between a county council and one or more of its constituent district councils, a district council.”

LORD GREAVES

LORD TOPE

147FA

Page 70, line 19, at end insert—

“( ) a national park authority, or

( ) the Broads Authority.”

147FB

Page 70, line 25, at end insert “, or

( ) a national park authority.”

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.

Clause 92

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 92 stand part of the Bill.

Clause 93

LORD GREAVES

LORD TOPE

LORD CAMERON OF DILLINGTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.

Before Clause 94

LORD GREAVES

THE LORD BISHOP OF EXETER

LORD MCKENZIE OF LUTON

LORD BERKELEY

147FC

Insert the following new Clause—

“The purpose of planning

Before section 1 of the Planning and Compulsory Purchase Act 2004 insert—

“A1 Purpose of planning

(1) The purpose of the planning system is to achieve sustainable development.

(2) Any person exercising functions and duties under the planning Acts must do so with the objective of furthering the achievement of sustainable development and shall have regard in doing so to any guidance given for that purpose by the Secretary of State.

A2 Interpretation

In this Act—

(a) “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs and includes the application of the following principles—

(i) living within environmental limits,

(ii) ensuring a strong, healthy and just society;

(iii) achieving a sustainable economy;

(iv) promoting good governance;

(v) using sound science responsibly;

(b) “the planning Acts” include—

(i) the Localism Act 2011;

(ii) the Planning Act 2008;

(iii) the Planning and Energy Act 2008;

(iv) the Planning and Compulsory Purchase Act 2004;

(v) the Town and Country Planning Act 1990;

(vi) the Planning (Listed Buildings and Conservation Areas) Act 1990;

(vii) the Planning (Hazardous Substances) Act 1990; and

(viii) the Planning (Consequential Provisions) Act 1990.”

LORD GREAVES

THE LORD BISHOP OF EXETER

LORD MCKENZIE OF LUTON

147FD

Insert the following new Clause—

“Sustainable development duty

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 39 (sustainable development)—

(a) in subsection (1) before paragraph (a) insert—

“(za) under the enactments listed in subsection (5) for the purpose of issuing any national policies or guidance related to town and country planning;”;

(b) in subsection (1) after paragraph (c) insert—

“(d) under sections 38A to 38C of this Act in relation to neighbourhood development plans;

(e) under Part III of the principal Act in relation to control over development;

(f) under Schedule 4A to the principal Act in relation to local development orders;

(g) under Schedule 4B to the principal Act in relation to neighbourhood development orders;

(h) under Schedule 4C to the principal Act in relation to community right to build orders.”;

(c) in subsection (2) for “contributing to” substitute “furthering”;

(d) subsection (3) is amended as follows—

(i) for “have regard to national” substitute “act in accordance with”;

(ii) in paragraph (a) after “subsection (1)(b)” insert “and subsections (1)(d) to (h)”;

(iii) in paragraph (b) after “subsection (1)(c)” insert “and subsections (1)(e) and (1)(f) as they relate to Wales”;

(e) after subsection (3) insert—

“(4) In this section “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles—

(a) living within environmental limits;

(b) ensuring a strong healthy and just society;

(c) achieving a sustainable economy;

(d) promoting good governance;

(e) using sound science responsibly.

(5) For the purpose of subsection (1)(za), the enactments are—

(a) the Localism Act 2011;

(b) the Planning Act 2008;

(c) the Planning and Energy Act 2008;

(d) the Planning and Compulsory Purchase Act 2004;

(e) the Town and Country Planning Act 1990.””

147FE

Insert the following new Clause—

“Sustainable development duty (No 2)

(1) The Planning Act 2008 is amended as follows.

(2) In section 10 (sustainable development)—

(a) in subsection (1) after “sections 5 and 6” insert “and Part 6”;

(b) in subsection (2) for “contributing to” substitute “furthering”;

(c) in subsection (3) for “have regard to the desirability of” substitute “ensure that (taken as a whole) the development and use of land under this Act contribute to”;

(d) after subsection (3) insert—

“(4) For the purposes of this section, the Secretary of State must act under any guidance, strategies or frameworks relating to sustainable development that may be adopted in the United Kingdom from time to time.

(5) In this Act, “sustainable development” means development that meets the social, economic and environmental needs of the present without compromising the ability of future generations to meet their own needs including the application of the following principles—

(a) living within environmental limits;

(b) ensuring a strong healthy and just society;

(c) achieving a sustainable economy;

(d) promoting good governance;

(e) using sound science responsibly.””

147FF

Insert the following new Clause—

“Sustainability appraisal

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 19 (preparation of local development documents)—

(a) in subsection (2), after paragraph (g) insert—

“(ga) the findings of the sustainability appraisal required under subsection (5);”

(b) in subsection (5), after paragraph (b) insert—

“(c) proceed with the proposals in each development plan document only if it considers that the results of the appraisal indicate that it is appropriate to do so.”

(3) In section 20 (independent examination), after subsection (5)(b) insert—

“(c) whether the local planning authority complied with any duty imposed on the authority by section 39 in relation to its preparation.””

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147FFA

Insert the following new Clause—

“National Planning Policy Framework

(1) The Secretary of State must issue, designate and update a National Planning Policy Framework, to establish policies to achieve sustainable development.

(2) Such policies should relate to mitigation of, and adaption to, climate change.

(3) Before designating a document as the National Planning Policy Framework for the purposes of this Act or before amending any such document, the Secretary of State must carry out an appraisal of the sustainability of the policy set out in the document or the amendment to it.

(4) A document may be designated as the National Planning Policy Framework for the purposes of this Act only if consultation, publicity and parliamentary requirements set out by the Secretary of State, have been complied with.

(5) The requirements in subsection (4) above apply to any amendments to the National Planning Policy Framework.”

Clause 94

LORD BEST

LORD MCKENZIE OF LUTON

147FG

Page 71, line 40, at end insert—

“(3A) Subsection (3) shall not apply to those policies in an approved regional strategy that have been specifically referred to as part of the policy content of a Local Development Framework submitted under section 20(1) of the Planning and Compulsory Purchase Act 2004 (independent examination) in advance of the coming into force of this section.

(3B) Subsection (3A) shall apply until whichever is the earlier of—

(a) at the end of the period of three years starting with the date on which regional strategies are revoked under subsection (3) above,

(b) the day when in relation to a policy covered by subsection (3A), a new policy which expressly replaces it is adopted or approved.”

LORD GREAVES

LORD TOPE

147FH

Page 72, line 4, at end insert—

“( ) The provisions of this section do not affect the validity of any local development documents or of any policies contained in any local development document whether or not any such policy was adopted in order to be in conformity with a regional strategy or structure plan.”

Clause 95

LORD GREAVES

LORD TOPE

147FJ

Page 72, line 14, after “authority,” insert—

“(ba) a marine plan authority, or”

147FK

Page 72, leave out lines 15 and 16

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147FKA

Page 72, leave out lines 15 and 16 and insert—

“(c) an integrated transport authority for the area,

(d) a marine plan authority, or

(e) a body, or other person, that is prescribed or of a prescribed description.”

LORD GREAVES

LORD TOPE

147FL

Page 72, line 18, after “(b)” insert “, (ba)”

LORD WHITTY

147G

Page 72, line 19, at end insert “, with a view to ensuring that those activities enable the planning of sustainable development in a way that is, so far as possible, coherent and complimentary as between the areas for which each such person exercises functions”

LORD GREAVES

LORD TOPE

147GA

Page 72, line 19, at end insert—

“(1A) An approved local enterprise partnership—

(a) shall be subject to the duty imposed on a person by subsection (1), and

(b) may, with the agreement of the persons named in that subsection, take a lead in promoting that duty.

(1B) For the purposes of subsection (1A), “local enterprise partnership” means a partnership of local authorities and businesses in an area, that has been approved by the Secretary of State.”

LORD COTTER

147H

Page 72, line 26, at end insert—

“(c) to have regard to activities and requirements of local businesses, and

(d) to have regard to activities and plans of local enterprise partnerships.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147HZA

Page 72, line 26, at end insert “, and

(c) with the objective of achieving sustainable development.”

LORD GREAVES

LORD TOPE

147HA

Page 72, line 28, after “preparation” insert “and implementation”

147HB

Page 72, line 29, after “preparation” insert “and implementation”

147HC

Page 72, line 30, after “preparation” insert “and implementation”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147HCA

Page 72, line 32, at end insert—

“(ca) the preparation of the local transport plan,

(cb) the preparation of joint infrastructure planning guidance,

(cd) other activities that support the planning of development, so far as relating to the sustainable development and use of land and strategic infrastructure and in particular the preparation of joint infrastructure planning guidance,”

LORD GREAVES

LORD TOPE

147HD

Page 72, line 34, leave out “, or could be,”

147HE

Page 72, line 37, at end insert “and

(f) the preparation and implementation of documents that are not planning documents but that affect the development or use of land and associated activities,”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

147HF

Page 72, line 38, at end insert—

“(3A) The preparation of joint infrastructure planning guidance within subsection (3) must include—

(a) a local planning authority who is also a member of a Local Enterprise Partnership as approved by the Secretary of State; and

(b) every other person within subsection (1).

(3B) The preparation of joint infrastructure planning guidance within subsection (3) includes, in particular—

(a) the collection of evidence on issues defined in subsection (3C);

(b) the preparation of policy guidance in relation to issues defined in subsection (3C); and

(c) any other activities that support joint infrastructure planning.

(3C) For the purposes of subsection (3B), the issues to be addressed include—

(a) housing needs;

(b) climate mitigation and adaptation and, in particular, flood risk;

(c) economic development including retail needs;

(d) energy needs and capacity;

(e) biodiversity;

(f) natural resource use including water management; and

(g) transport.

(3D) The person or bodies defined in subsection (1) must exercise the function of joint infrastructure planning with the aim of achieving sustainable development and must act under guidance, including as to the meaning of sustainable development, as set out in the United Kingdom’s Sustainable Development Strategy.”

LORD GREAVES

LORD TOPE

147HG

Page 72, line 41, leave out “sustainable”

LORD LUCAS

147HH

Page 72, line 42, after “areas” insert “or projects forming part of a strategic network”

LORD GREAVES

LORD TOPE

147HJ

Page 72, line 42, leave out from “areas” to end of line 46

LORD LUCAS

147HK

Page 72, line 45, after “areas” insert “or projects forming part of a strategic network”

LORD GREAVES

LORD TOPE

147HL

Page 73, line 1, leave out “sustainable”

147HM

Page 73, line 5, at end insert—

“(c) development or use of land that is of potential strategic importance, and

(d) development or use of land that is necessary in order to meet the needs of a planning area but cannot be accommodated within that planning area.”

147HN

Page 73, line 21, after “region,” insert—

““planning documents” means documents that set out policies (however expressed) relating to the development and use of land, the English inshore region or the English offshore region under the following enactments—

(a) the Localism Act 2011;

(b) the Marine and Coastal Access Act 2009;

(c) the Planning and Compulsory Purchase Act 2004;

(d) the Town and Country Planning Act 1990, and”

147HP

Page 73, line 26, leave out “(2)(a)” and insert “(2)”

147HQ

Page 73, line 28, leave out “considering whether to consult on and prepare, and” and insert “to consult on and prepare, and, where appropriate,”

LORD WHITTY

147J

Page 73, line 28, leave out “whether to consult on and prepare, and enter” and insert “entering”

LORD GREAVES

LORD TOPE

147JA

Page 73, line 31, leave out “considering whether” and insert “where appropriate,”

LORD WHITTY

147K

Page 73, line 31, leave out “whether to agree” and insert “agreeing”

THE EARL OF LYTTON

147L

Page 73, line 33, at end insert “, and

(c) preparing for or being a party to the preparation of a strategic infrastructure assessment including setting infrastructure priorities, delivery programmes and funding arrangements.”

LORD GREAVES

LORD TOPE

147LA

Page 73, line 33, at end insert “, and

(c) to have regard to activities of a person within subsection (9) so far as they are relevant to activities within subsection (3).”

LORD CAMERON OF DILLINGTON

147M

Page 73, line 33, at end insert—

“(c) if the person is a unitary authority or a county council in a two-tier area, to prepare and approve a strategic infrastructure assessment setting out infrastructure priorities, delivery programmes and funding schedules, and

(d) to be party to the preparation of a strategic infrastructure assessment setting out infrastructure priorities, delivery programmes and funding schedules.”

LORD GREAVES

LORD TOPE

147N

Page 73, leave out lines 34 to 36

147P

Page 73, line 36, at end insert—

“(7A) A person may make representations to the Secretary of State with regard to compliance with this section in any particular case.

(7B) If the Secretary of State, upon application, is satisfied that a person is failing properly to comply with the duty under subsection (1), the Secretary of State may intervene and give directions.

(7C) A direction under this section may specify actions to be taken by a person in order to meet the engagement requirements under subsections (2) and (6).

(7D) A person subject to a direction under subsection (7B) must comply with that direction.

(7E) In exercising the power under this subsection, the Secretary of State may appoint an independent person to review the application and make recommendations on the nature of any directions to be made.

(7F) A direction under this subsection may be withdrawn, varied or revoked by a subsequent direction.”

147Q

Page 73, line 38, leave out “(1)(b)” and insert “(1)(c)”

LORD GREAVES

LORD TOPE

LORD WHITTY

147R

Page 74, line 10, at end insert—

“(4) In paragraph 9(2) of Schedule 6 to the Marine and Coastal Access Act 2009 (matters to which a marine plan authority is to have regard in preparing a marine plan) after paragraph (b) insert—

“(ba) the duty imposed by section 33A of the Planning and Compulsory Purchase Act 2004 with respect to co-operating in relation to planning of sustainable development,”.

(5) In paragraph 13 of Schedule 6 to the Marine and Coastal Access Act 2009 (independent investigation) after sub-paragraph (2) insert—

“(2A) In undertaking the independent investigation, the person so appointed is to determine in respect of the consultation draft whether the marine plan authority complied with any duty imposed on the authority by section 33A of the Planning and Compulsory Purchase Act 2004 in relation to its preparation.””

After Clause 95

BARONESS GREENGROSS

148

Insert the following new Clause—

“Local development: survey of area

(1) Section 13 of the Planning and Compulsory Purchase Act 2004 (survey of area) is amended as follows.

(2) After subsection (3) insert—

“(3A) The local planning authority shall undertake and publish a numerical assessment of the level of housing need and demand for all age groups in its area, together with its proposals for addressing such need and demand including plans relating to the provision of housing across all types and tenures.””

Clause 96

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZZA

Page 74, line 15, leave out subsection (2) and insert—

“( ) For subsection (3) (requirements as to preparation of schemes), substitute—

“(3) The scheme must contain—

(a) an assessment expressed in numerical terms concerning the present and projected levels of housing need and demand in the district of the housing market area within which the local planning authority falls; and

(b) the authority’s proposals for addressing such needs and demands.

(3A) The proposals referred to in subsection (3) shall include the authority’s plans relating to the provision of housing, including affordable housing, in its district.””

LORD COTTER

148ZZA

Page 74, line 15, leave out subsection (2) and insert—

“(2) For subsection (3) substitute—

“(3) The local planning authority must have regard to sustainable development and Town Centre First Policy, as defined in accordance with subsection (3A).

(3A) The Secretary of State must lay before Parliament an order to define sustainable development and Town Centre First Policy.

(3B) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid and approved by a resolution of each House of Parliament.””

After Clause 96

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

BARONESS ANDREWS

148ZZB

Insert the following new Clause—

“Development plan documents: climate change and carbon budgets

(1) Section 19 of the Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) For subsection (1A) substitute—

“(1A) Development plan documents must include policies designed to secure that the development and use of land in the local planning authority’s area—

(a) achieves reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meets the current national planning policy objectives on assessing the risk of and adapting to climate change in relation to that area.””

Clause 97

LORD GREAVES

LORD TOPE

148ZZZZBA

Page 75, leave out lines 9 to 11

148ZZZZBB

Page 75, line 32, leave out from “modifications” to end of line 33

148ZZZZBC

Page 75, leave out lines 41 to 45

148ZZZZBD

Page 76, line 4, leave out subsection (5)

148ZZZZBE

Page 76, line 4, leave out subsection (5) and insert—

“(5) Omit section 21.”

148ZZZZBF

Page 76, line 9, at end insert—

“( ) In section 17 omit subsection (8)(b).”

148ZZZZBG

Page 76, line 9, at end insert—

“( ) Omit section 27.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZZZBH

Page 76, line 13, at end insert—

“( ) In section 23 (adoption of local development documents) after subsection (3) insert—

“(4) Subject to subsection (5), if a development plan document has not been adopted by the date that this subsection is brought into force, it cannot constitute a reason for refusing planning permission.

(5) Subsection (4) does not apply in relation to a replacement or revision of an adopted development plan document that is sustainable.””

After Clause 98

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZZBA

Insert the following new Clause—

“Information concerning the need for affordable housing

(1) Section 13 of the Planning and Compulsory Purchase Act 2004 (survey of area) is amended as follows.

(2) In subsection (2), at the end insert—

“(da) the need and demand for housing, including affordable housing, in the housing market area in which the local planning authority falls.”

(3) After subsection (3)(a), at the end insert—

“(aa) changes in the need or demand for development in the market areas in which the local planning authority falls;”.

(4) After subsection (6) insert—

“(7) In preparing the statement referred to in subsection (2)(d), the local planning authority must have regard to such guidance as may from time to time be given to the Secretary of State concerning the methodology to be adopted in compiling the relevant data in respect of housing need and housing demand within its district.

(8) Each local planning authority must publish an annual statement setting out the matters that it has reviewed, and any changes that it proposes to implement, to local development documents.

(9) Each local planning authority must publish an initial review report detailing, in particular, an initial assessment of the matters referred to in subsection (2), before preparing a local development document.””

Clause 99

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZZBB

Page 76, line 40, at end insert—

“( ) In section 205 (the levy), at the end of subsection (2) insert “without prejudicing the provision of affordable housing in accordance with the development plan”.”

148ZZZBC

Page 76, line 40, at end insert—

“( ) In section 211 (amount of levy), after subsection (2)(c) insert—

“(d) if affordable housing is not for the time being included in the list of infrastructure in section 216(2), the cost of providing affordable housing in accordance with the development plan.””

148ZZZBD

Page 77, line 3, at end insert—

“( ) A charging authority must use appropriate available evidence of the charging authority’s policies on the provision of affordable housing and the costs of such provision in the preparation of a charging schedule.”

LORD GREAVES

LORD TOPE

148ZZZBE

Page 77, leave out lines 4 to 18

LORD CAMERON OF DILLINGTON

148ZZBA

Page 77, line 6, at end insert “including the strategic infrastructure assessment and local transport plan for that area”

LORD GREAVES

LORD TOPE

148ZZBAZA

Page 78, line 22, leave out “had regard to” and insert “considered”

148ZZBAZB

Page 78, line 24, leave out from beginning to end of line 12 on page 79

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZBAA

Page 79, line 7, at end insert—

“( ) In section 220 (procedure), after subsection (1) insert—

“(1A) Community Infrastructure Levy (“CIL”) regulations must make provision for exemptions from the payment of CIL, in cases where the payment of such a levy would prejudice the provision of affordable housing in accordance with the development plan”.”

After Clause 99

BARONESS BYFORD

148ZZBB

Insert the following new Clause—

“Registration of land

In section 15 of the Commons Act 2006 (registration of greens), after subsection (10) insert—

“(11) Regulations may provide for amendments to be made to the criteria by which a new town or village green can be determined in order to restrict the scope for such applications.””

Clause 100

LORD GREAVES

LORD TOPE

148ZZBBA

Page 79, line 14, at end insert—

“( ) In section 205(2) (establishment and overall purpose of the levy) for “providing infrastructure to support” substitute “supporting”.”

148ZZBBB

Page 79, line 15, leave out from “levy)” to end of line 20 and insert “in subsection (2) omit from “ensure” to the end of the subsection and insert “that owners and developers of land make a financial contribution to support communities in the area in which their development is situated, including the provision of infrastructure and the building, improvement and renovation of housing”.”

148ZZBBC

Page 79, line 20, leave out “ongoing” and insert “continuous”

LORD JENKIN OF RODING

148ZZBC

Page 79, leave out line 20 and insert—

“(b) providing that which CIL provided initially under paragraph (a) on an ongoing basis.”

148ZZC

Page 79, line 20, at end insert—

“( ) In section 209 (liability: interpretation of key terms) after subsection (8) (regulations may make provision for a person not to be treated as a developer in specified circumstances) insert—

“(9) CIL regulations must provide for an exemption (or a partial exemption) from liability to pay CIL in respect of a development where the person who would otherwise be likely to pay CIL in respect of the development is already required to make payment of a sum or sums under a planning obligation under section 106 of TCPA 1990 which is or are applied towards—

(a) existing infrastructure (within the meaning given in section 216(1)), or

(b) other existing local infrastructure or matters relating to that infrastructure.””

LORD GREAVES

LORD TOPE

148ZZCA

Page 79, line 21, at end insert—

“(za) in subsection (1) after “funding infrastructure” insert “or any other matter”.”

148ZZCB

Page 79, line 25, leave out “, or are to be,”

148ZZCC

Page 79, line 29, leave out “ongoing” and insert “continuous”

LORD GREAVES

LORD TOPE

LORD MCKENZIE OF LUTON

LORD BEECHAM

148ZZCD

Page 79, line 30, leave out from beginning to end of line 29 on page 80

LORD JENKIN OF RODING

148ZZD

Page 79, line 37, at end insert “ infrastructure in an approved charging schedule in ”

Clause 101

LORD GREAVES

LORD TOPE

148ZZE

Page 80, line 37, leave out subsection (3)

LORD JENKIN OF RODING

 

Lord Jenkin of Roding gives notice of his intention to oppose the Question that Clause 101 stand part of the Bill.

Schedule 9

LORD GREAVES

LORD TOPE

148ZZEA*

Page 304, line 20, at beginning insert “Subject to subsection (14),”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148ZZF

Page 304, line 24, after “permission” insert “to implement the policies or proposals of an applicable neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”

LORD GREAVES

LORD TOPE

148ZZG

Page 304, line 24, after “to” insert “land which forms a part or all of”

148ZZH

Page 304, line 24, leave out “neighbourhood”

148ZZJ

Page 304, leave out line 27

BARONESS HANHAM

148ZA

Page 304, line 37, leave out from “if” to “have” in line 1 on page 305 and insert “in each applicable referendum under that Schedule more than half of those voting”

148ZB

Page 305, leave out lines 5 and 6 and insert—

“(5) If—

(a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61GA), and

(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood development order to which the proposal relates.”

LORD JENKIN OF RODING

148ZC

Page 305, line 7, after “means” insert—

“(a)”

148ZD

Page 305, line 10, at end insert “, or

“(b) a person who owns or operates any existing infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development.”

LORD GREAVES

LORD TOPE

148ZE

Page 305, line 15, after “with,” insert “the Equality Act 2010,”

148ZF*

Page 305, leave out lines 18 to 33

148ZG*

Page 305, line 34, leave out “such manner as may be prescribed” and insert “a manner likely to bring to the attention of local people”

148ZH*

Page 305, leave out lines 37 and 38

148ZJ*

Page 305, line 43, leave out “may be prescribed” and insert “they consider appropriate”

148ZK*

Page 305, line 45, leave out “may be prescribed” and insert “they consider appropriate”

148ZL*

Page 305, line 46, at end insert—

“(14) A neighbourhood development order may not be made in a national park.”

148ZM*

Page 306, line 4, leave out “or includes”

148ZN*

Page 306, line 15, leave out “or include”

BARONESS THORNTON

148A

Page 306, line 16, at end insert “which has achieved quality parish council status or other quality standards as specified for this purpose by the relevant authority”

LORD BROOKE OF SUTTON MANDEVILLE

LORD BEST

LORD CLEMENT-JONES

LORD STEVENSON OF BALMACARA

148AZZA

Page 306, leave out lines 20 to 27 and insert—

“(a) it is established expressly for the purposes of furthering the social, economic, environmental and cultural well-being of individuals living, or wanting to live, in an area that consists of or includes the neighbourhood area concerned, and, if it is appropriate to the nature of the area, promoting the carrying on of trades, professions or other businesses in such an area,”

LORD WHITTY

148AZZB

Page 306, leave out lines 20 to 27 and insert–

“(a) it is established expressly for the purpose of furthering the social, economic and environmental well-being of individuals living, or having an interest, in an area that consists of or includes the neighbourhood area concerned,”.

BARONESS WHITAKER

148AZZC

Page 306, leave out lines 20 to 27 and insert—

“(a) it is established expressly for the purpose of furthering the social, economic and environmental well-being of individuals living, working, or wanting to live, in an area that consists of or includes the neighbourhood area concerned, including, if relevant, promoting the carrying on of trades, professions or other businesses in such an area,”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148AZZD

Page 306, leave out lines 20 to 27 and insert—

“(a) it is established expressly for the purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in an area that consists of, or includes, the neighbourhood area concerned including, if relevant, promoting the carrying on of trades, professions or other businesses in that area,”

LORD GREAVES

LORD TOPE

148AZZE

Page 306, leave out lines 26 and 27

LORD TRUE

148AZZF

Page 306, line 28, after “membership” insert “comprises all the residents and businesses in a neighbourhood area, or, if a more limited membership is thought desirable,”

LORD GREAVES

LORD TOPE

148AZZFA

Page 306, line 28, leave out “is open to” and insert “shall consist of”

148AZZFAA*

Page 306, line 29, at beginning insert “all”

148AZZFAB*

Page 306, line 33, at beginning insert “all”

148AZZFAC*

Page 306, line 35, after “whose” insert “electoral”

148AZZFB

Page 306, leave out lines 37 to 44

LORD WHITTY

148AZZG

Page 306, line 37, leave out from “individuals” to end of line 44 and insert “including at least one individual falling within each of the sub-paragraphs (i) to (iii) of subsection (5)(b)”

LORD GREAVES

LORD TOPE

148AZZGA

Page 306, leave out lines 47 to 49

LORD WHITTY

148AZZH

Page 307, line 6, leave out “(or taken reasonable steps to attempt to secure)”

LORD GREAVES

LORD TOPE

148AZZJ*

Page 307, line 12, after “area,” insert—

“( ) which charges a zero or minimal level of subscription fee,”

LORD COTTER

148AZA

Page 307, line 14, at end insert “, and

(iv) whose members that fall within sub-paragraph (ii) reflect the business demographic of the area concerned, including small and micro businesses,”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

148AZB

Page 307, line 14, at end insert—

“whose members reflect the business demographic of the area concerned, including small businesses”

BARONESS HANHAM

148AA

Page 307, leave out line 24

148AB

Page 307, line 31, at end insert—

“(8A) A local planning authority may withdraw an organisation or body’s designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—

(a) the conditions by reference to which it was designated, or

(b) any other criteria to which the authority were required to have regard in making the designation;

and, where an organisation or body’s designation is withdrawn, the authority must give reasons to the organisation or body.”

LORD GREAVES

LORD TOPE

148ABZA*

Page 307, line 31, at end insert—

“( ) A company or other body that operates for profit may not be designated as a neighbourhood forum.”

148ABZB*

Page 307, leave out lines 32 to 36

148ABA

Page 307, line 40, at end insert—

“( ) A neighbourhood forum designated under this section is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 and section 149(2) of the Equality Act 2010 to be exercising a function of a public nature when exercising functions under this Act.”

BARONESS HANHAM

148AC

Page 307, line 45, after “designations” insert “(or withdrawals of designations)”

148AD

Page 308, line 6, at end insert—

“(ba) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,”

LORD TRUE

148ADA

Page 308, line 21, after “area,” insert “or

( ) the authority has conducted a survey of the residents of its local authority area asking its residents to define their own neighbourhood, village or area and at least 5% of the households in the local authority area have responded to the survey,”

LORD JENKIN OF RODING

148ADB

Page 308, line 29, at end insert “, or

(c) a person who owns or operates any existing infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development.”

LORD SHIPLEY

148ADBA

Page 308, leave out lines 34 to 36

LORD JENKIN OF RODING

148ADC

Page 308, line 36, at end insert “, and

(c) in the case of an application by a person who owns or operates any infrastructure the development of which would have required development consent under the Planning Act 2008 had that Act been in force at the time of the development, may include the whole or any part of the area of a parish council, but must not include any area which is not in the ownership, occupation or control of that person.”

LORD GREAVES

LORD TOPE

148ADCA*

Page 308, line 36, at end insert—

“( ) An application may be made jointly by two or more parish councils which qualify as relevant bodies under subsections (2) and (3) and they are to be regarded as a relevant body.”

148ADCB*

Page 308, line 38, after “desirability” insert “or otherwise”

148ADCC*

Page 308, line 40, after “desirability” insert “or otherwise”

LORD TRUE

148ADD

Page 308, line 41, at end insert “, and

(c) the views expressed by local residents in any survey conducted by the authority.”

LORD GREAVES

LORD TOPE

148ADDA*

Page 308, line 41, at end insert—

“( ) the suitability of the area specified in the application for the purposes of neighbourhood planning both in the area specified and in the area of the local planning authority.”

148ADDB*

Page 308, line 42, leave out from beginning to end of line 3 on page 309

LORD TRUE

148ADE

Page 309, line 7, at end insert “unless in any survey conducted by, or with the approval of, the authority, residents have expressed the view that they feel part of, or are influenced by developments in more than one overlapping neighbourhood.”

LORD GREAVES

LORD TOPE

148ADEA*

Page 309, leave out lines 14 to 34

BARONESS HANHAM

148AE

Page 309, line 34, at end insert—

“61GA Neighbourhood areas designated as business areas

(1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area.

(2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made.

(3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature.

(4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas.”

148AF

Page 309, line 43, leave out “and 61G” and insert “to 61GA”

LORD RENFREW OF KAIMSTHORN

148B

Page 311, line 4, at end insert “, and

“( ) development that would be likely to harm a heritage asset of national importance or its setting.”

LORD JENKIN OF RODING

148C

Page 311, line 4, at end insert—

“and for those purposes, “excluded development” also includes development that is ancillary to existing development—

(i) in respect of which development consent has been given under the Planning Act 2008,

(ii) in respect of which development consent under the Planning Act 2008 would have been required had that Act been in force at the time.”

BARONESS GARDNER OF PARKES

149

Page 311, line 16, at end insert—

“(c) in the case of planning permission for the construction of a basement at an existing property, provision requiring the applicant to undertake full consultation with owners of adjoining properties and with any others who would be adversely affected by the construction.”

LORD RENFREW OF KAIMSTHORN

149A

Page 311, line 16, at end insert—

“( ) Before the beginning of any development pursuant to a neighbourhood development order, the developer shall apply to the local planning authority for a determination as to whether the development would be likely to harm a heritage asset of national importance or its setting.

( ) The application shall be accompanied by a description of the development, a plan indicating the site in relation to any heritage assets likely to be affected by the development and a statement and other material sufficient to indicate the likely effect of development upon such heritage assets together with the fee required to be paid.

( ) The development shall not be begun before—

(a) the receipt by the applicant from the local planning authority of a written notice of their determination that the proposed development does not constitute excluded development by virtue of section 61I; or

(b) the expiry of 28 days following the date on which the application was received by the local planning authority without that authority making any such determination or notifying the applicant of their determination.”

BARONESS HANHAM

149B

Page 313, line 16, after “14” insert “or 14A”

149C

Page 313, line 26, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

149D

Page 313, line 32, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

LORD LUCAS

150

Page 314, line 17, at end insert—

“( ) after subsection (4) insert—

“(4A) If there is no neighbourhood development plan in force, such documents as the local authority considers reflects the interest of the community.””

BARONESS SMITH OF BASILDON

LORD MCKENZIE OF LUTON

BARONESS ANDREWS

150ZA

Page 314, line 31, at end insert “that indicates priorities to—

(a) achieve reductions of greenhouse gas emissions in line with the carbon budgets set under the Climate Change Act 2008; and

(b) meet current national policy objectives on assessing the risk of and adapting to climate change in relation to that area.”

BARONESS HANHAM

150A

Page 314, line 44, leave out from “if” to “have” in line 1 on page 315 and insert “in each applicable referendum under that Schedule (as so applied) more than half of those voting”

150B

Page 315, leave out lines 5 and 6 and insert—

“(5) If—

(a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61GA of the principal Act), and

(b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,

the authority may (but need not) make a neighbourhood development plan to which the proposal relates.”

LORD GREAVES

LORD TOPE

150C

Page 315, line 9, after “with,” insert “the Equality Act 2010,”

150D

[Withdrawn]

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

150E

Page 316, line 17, at end insert—

“( ) A neighbourhood development plan must include policies relating to the prioritisation and provision of infrastructure to support development proposed (whether in the neighbourhood development plan itself or a development plan document relating to the area) in the context of—

(a) the relevant authority’s charging schedule; and

(b) the local development framework;

if the qualifying body intends to be the recipient of community infrastructure levy receipts under section 216A of the Planning Act 2008.”

LORD LUCAS

151

Page 316, line 20, at end insert—

“( ) Departures from policies in neighbourhood plans should only be considered in exceptional circumstances.”

152

Page 316, line 20, at end insert—

“( ) All agreements reached by a qualifying body in respect of a neighbourhood development plan must be fully recorded and available for public inspection.”

LORD BEST

LORD TYLER

BARONESS WHITAKER

152ZA

Page 317, line 27, at end insert—

“(8) In section 39 (sustainable development), in subsection (1) at the end of paragraph (b) insert—

“(c) in relation to a neighbourhood development plan.””

LORD LUCAS

152ZB

Page 317, line 27, at end insert—

“Preservation of local amenities

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 59 after subsection (3) insert—

“(4) A provision in a development order has effect subject to the provisions in a neighbourhood development order under the Localism Act 2011, which may over-ride the development order in all or any respects.””

152ZC

Page 317, line 27, at end insert—

“Making additional powers available to neighbourhoods

(1) In section 3(2)(e) of The Road Traffic Regulation Act 1984, omit the words from “area” to the end.

(2) In section 3(3) of The Road Traffic Regulation Act 1984, insert “, except one under section 3(2)(e)”.

(3) In section 235(1) of The Local Government Act 1972, after “be,” insert “for preserving or improving the amenities of the area,”.”

Schedule 10

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

152ZD

Page 317, line 38, at end insert “to implement the policies or proposals of a neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) applicable to the area”

152ZE

Page 318, line 3, at end insert—

“( ) a statement of consultation undertaken on the proposals in the preparation of the order, including particulars of how paragraph 3A of this Schedule has been complied with, any responses to consultations received and the account taken of those responses.”

LORD LUCAS

152A

Page 318, line 3, at end insert—

“(2A) The proposal may include proposals in a prescribed form and accompanied by documents and information of a prescribed description concerning the creation or reorganisation of parishes.

(2B) If a referendum under paragraph 12(4) concerning a neighbourhood development order combining such proposals is agreed to, it shall have effect as if the neighbourhood development order constituted the recommendations of a community governance review under section 87 of the Local Government and Public Involvement in Health Act 2007.

(2C) A principal local authority as defined in that Act must give effect to the entirety of such a review.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

152AA

Page 318, line 7, at end insert “, including the relevant neighbourhood development plan or development plan document (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004)”

BARONESS HANHAM

152B

Page 318, line 26, at end insert—

“(2) If—

(a) a proposal by a qualifying body is made by an organisation or body designated as a neighbourhood forum, and

(b) the designation is withdrawn at any time before the proposal is submitted for independent examination under paragraph 7,

the proposal is to be treated as withdrawn by the qualifying body at that time.

(3) If the withdrawal of the designation occurs after the proposal is submitted for independent examination under that paragraph, the withdrawal is not to affect the validity of the proposal.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

152BA

Page 318, line 34, at end insert—

“Requirement to carry out consultation before proposals are made or considered

3A (1) Where a relevant body within the meaning of section 61G of the Town and Country Planning Act 1990 proposes to submit a proposal to a local planning authority for the making of a neighbourhood development order, the person must, whether before or after being formally designated as a qualifying body within the meaning of section 61E of that Act, carry out consultation on the proposed order such as a manner as—

(a) may be set out in specific regulations or guidance issued by the Secretary of State; or

(b) the relevant body reasonably considers is consistent with good practice and the policies contained within the relevant local planning authority’s statement of community involvement.

(2) Regulations may make provisions about requirements for consultation with and participation by the public to be complied with before proposals for a neighbourhood development order may be submitted to a local planning authority or fall to be considered by a local planning authority.”

152BB

Page 319, leave out line 1

LORD GREAVES

LORD TOPE

152C

Page 319, line 3, at end insert—

“( ) requiring an equalities impact assessment of the proposals,”

LORD BROOKE OF SUTTON MANDEVILLE

LORD CLEMENT-JONES

LORD STEVENSON OF BALMACARA

152D

Page 321, leave out lines 22 to 24 and insert—

“(a) the making of the order is in general conformity with the national planning policies and advice contained in guidance issued by the Secretary of State,”

LORD LUCAS

153

Page 321, line 22, leave out “having regard to” and insert “taking account of”

LORD WHITTY

153ZZA

Page 321, line 22, leave out “having regard to” and insert “the making of the order is compatible with”

153ZZB

Page 321, line 23, leave out “it is appropriate to make the order”

LORD BEST

LORD TYLER

BARONESS WHITAKER

153ZA

Page 321, line 31, at end insert—

“( ) having special regard to the desirability of achieving good design, it is appropriate to make the order,”

LORD WHITTY

153ZB

Page 321, line 32, leave out “general conformity with the strategic policies” and insert “conformity with the objectives and policies”

LORD TRUE

153ZC

Page 321, line 34, at end insert “or with documents adopted by the local planning authority in the process of revising an existing development plan”

153ZD

Page 321, line 34, at end insert “unless the local planning authority has indicated its agreement to a proposal that is not in conformity and its intention to revise its existing development plan or framework to conform with the proposals in the draft order”

153ZE

Page 321, line 39, at end insert—

“( ) In reaching decisions in relation to a draft order, an examiner must have primary regard to the adopted or emerging policies of the more local of any planning authorities that may have jurisdiction in the area.”

BARONESS THORNTON

153A

Page 322, line 42, at end insert—

“(b) that a period of further consultation is provided, with the aim of enhancing community consensus, or”

BARONESS HANHAM

153AA

Page 324, line 27, after “14” insert “, and (if applicable) an additional referendum in accordance with paragraph 14A,”

153AB

Page 324, line 30, after “referendum” insert “(or referendums)”

153AC

Page 325, line 1, after “referendum” insert “(or referendums)”

153AD

Page 325, line 5, after “referendum” insert “(or referendums)”

153AE

Page 325, line 8, at end insert “(or referendums)”

LORD LUCAS

153AEA*

Page 326, line 11, leave out from “is” to “, and” in line 13 and insert “at least 14 years of age”

BARONESS HANHAM

153AF

Page 326, line 29, at end insert—

“14A (1) The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61GA.

(2) Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3) A person is entitled to vote in the additional referendum if on the prescribed date—

(a) the person is a non-domestic ratepayer in the referendum area, or

(b) the person meets such other conditions as may be prescribed.

(4) “Non-domestic ratepayer” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5) Regulations may make provision for excluding a person’s entitlement to vote in the additional referendum.”

153AG

Page 326, line 31, at end insert “or 14A”

153AH

Page 327, line 10, after “14” insert “or 14A”

Schedule 11

LORD JENKIN OF RODING

153AHA

Page 330, line 47, at end insert—

“Directions given under development orders

6A Any direction given by the Secretary of State under a development order that requires a person of a particular description to be consulted about applications for planning permission for particular kinds of development or for development in particular locations or kinds of location has effect in relation to a proposal for a community right to build order that would grant planning permission for development of that kind or in those areas or kinds of area.”

BARONESS HANHAM

153AJ

Page 331, line 8, after “by” insert “sub-paragraphs (2) to (5) of”

153AK

Page 331, line 29, at end insert—

“(5A) In consequence of the provision made by sub-paragraphs (2) to (5) of this paragraph—

(a) paragraph 12(7) to (9) of Schedule 4B have effect as if the words “(or referendums)” were omitted, and

(b) that Schedule has effect as if paragraph 14A (and references to that paragraph) were omitted.”

Clause 105

LORD CAMERON OF DILLINGTON

153ZAKA

Page 84, line 13, at end insert—

“( ) Within 6 months of the passing of this Act, the Secretary of State shall publish a report on how he or she intends to promote the building of capacity among, the training and effective involvement of citizens at parish and community level, and how he or she intends to help them fund their activities.”

After Clause 105

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

153AKA

Insert the following new Clause—

“Planning and Compulsory Purchase Act 2004: retail diversity

After section 15 of the Planning and Compulsory Purchase Act 2004 (local development scheme) insert—

“15A Retail diversity

(1) The local planning authority must prepare and maintain a scheme to be known as their “retail diversity scheme”.

(2) The retail diversity scheme must form part of the local development scheme within two years of the local development scheme being published or within two years of this Act being passed, whichever is later.

(3) The scheme must—

(a) define a network and hierarchy of retail centres in the local authority area,

(b) assess the need for development in retail centres,

(c) identify sites for development based on the sequential approach, and

(d) promote retail diversity.

(4) In this section—

“retail diversity” means a mix of retail provision that meets the requirements of the local catchment area in terms of range and quality of comparison and convenience retail businesses;

“sequential approach” means that local planning authorities must identify sites that are suitable, available and viable for development in the following order—

(a) locations in appropriate existing centres;

(b) edge of centre locations, with preference given to sites that are or will be well connected to existing retail centres; and

(c) out of centre sites with preference given to sites well served by a choice of transport and closest to an existing centre.

(5) The Secretary of State may direct the local planning authority to make such amendments to the scheme as the Secretary of State thinks appropriate.

(6) Any direction given under subsection (5) must include the Secretary of State’s reasons for giving the direction.

(7) The local planning authority must consult the local community in developing the scheme.

(8) The local community to be consulted under subsection (7) must include—

(a) a parish council or parish councils authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990,

(b) a “qualifying body” authorised to act in relation to the neighbourhood area or areas to which the retail diversity scheme relates subject to section 61F of the Town and Country Planning Act 1990, and

(c) any other local person at the discretion of the local planning authority.

(9) Where a retail planning application is submitted and there is no retail diversity scheme in place—

(a) the applicant must provide a statement to the local planning authority that sets out how the development impacts on the criteria identified in subsection (3), and

(b) the local planning authority must consult the local community,

before the local planning authority may reach a decision on the application.””

After Clause 106

LORD GREAVES

LORD TOPE

153AKB

Insert the following new Clause—

“Locally important green spaces

(1) This section applies if the local planning authority is of the opinion that an area of land within its area is of special importance to the community as a green space.

(2) The local planning authority may make a proposal to designate the land as a locally important green space.

(3) Whether or not land is of special importance to the community is to be determined in accordance with regulations made by the appropriate authority.

(4) The local planning authority must send a copy of the proposal, with the reasons it thinks that the designation should be made, to—

(a) Natural England;

(b) each owner and each occupier of any part of that land;

(c) any other local authority the area of which includes any part of that land;

(d) any neighbourhood forum established under Chapter 3 of this Act;

(e) the Secretary of State.

(5) The local planning authority must publish the proposal and reasons in at least one local newspaper circulating in the area in which the land is situated, and on its website.

(6) A notification under subsection (4) and publication under subsection (5) must specify the time (being not less than three months from the dates of notification and publication) within which and the manner in which representations may be made, and the local planning authority must consider any representation or objection that it receives.

(7) The reasons provided under subsections (4) and (5) may include information about—

(a) why the area is deemed important to the local community, and

(b) any operations appearing to the local planning authority to be likely to damage that area and its importance,

and shall contain a statement of the local planning authority’s views about the management of the land including any views it has on the conservation and enhancement of the features of the area.

(8) Where a notification under subsection (1) has been given, the local planning authority may within the period of nine months beginning with the date on which the notification was served on the Secretary of State either—

(a) give notice to the persons and bodies mentioned in subsection (1) withdrawing the notification, or

(b) give notice to those persons and bodies confirming the notification (with or without modifications).

(9) For the purposes of this Part “estuarial waters” means any waters within the limits of transitional waters, within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy).

(10) In this section the reference in subsection (1) to land includes—

(a) any land lying above the mean low water mark;

(b) any land covered by estuarial waters,

“local planning authority”, in relation to land within the Broads, includes the Broads Authority,

“other local authority” includes a parish council, a community council and a county council in England.”

153AKC*

Insert the following new Clause—

“Health and diversity of town centres and high streets

After section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) insert—

“19A Town centres and high streets

(1) The duties under section 13 include a requirement to assess the vitality and diversity of the shopping areas in the area.

(2) When preparing local development documents and other local planning documents the local planning authority must consider the results of that assessment and consider whether to include appropriate policies to promote the vitality and diversity of those shopping areas.

(3) The local planning authority may prepare a scheme for retail vitality and diversity which may be a local development document or other local planning document.

(4) Policies set out in documents prepared under subsections (2) and (3) may—

(a) define a network of retail centres in the area,

(b) assess the existing character and vitality of those retail centres,

(c) designate the desired retail mix for each of those retail centres,

(d) promote sustainability and diversity in the retail mix that is desired in each case.

(5) The local planning authority must consult with the local community when making the assessment under subsections (1) and (2) and deciding whether to adopt policies under subsections (2) and (3).

(6) If a planning application is submitted for—

(a) a retail use, or

(b) a change of use from a retail use,

and policies under subsections (2) and (3) are still in preparation, the applicant must provide a statement to the local planning authority that sets out how the development will impact on the criteria identified in paragraph (4)(d) and the local planning authority must consult the local community before coming to a decision.

(7) In this section—

“local community” includes the traders in each shopping centre;

“shopping area” means an area of a town centre or high street where a substantial use is retail;

“sustainability and diversity” means that there is an appropriate balance of—

(a) independent and multiple traders,

(b) unit sizes, and

(c) a balances of classes of use.””

Schedule 12

BARONESS HANHAM

153AL

Page 336, line 19, leave out “section 61F or 61G” and insert “any of sections 61F to 61GA”

Clause 107

LORD JENKIN OF RODING

153AM

Page 84, leave out lines 33 to 35 and insert—

“Consultation: code of best practice

61W Code of best practice for consultation

(1) The Secretary of State must publish and keep under review a code of practice relating to the carrying out of consultation in cases where—”

153AN

Page 84, line 40, leave out from beginning to end of line 23 on page 85 and insert—

“(2) A person who proposes to make an application of the type described in subsection (1) must have regard to the code of practice.”

LORD RENFREW OF KAIMSTHORN

153B

Page 85, line 23, at end insert—

“(8) A person subject to the duty imposed by subsection (1) must, in complying with that subsection, have regard to the advice given by the local planning authority on the basis of the information contained within the relevant historic environment record; and each local planning authority should either maintain or have access to an historic environment record for this purpose.”

LORD JENKIN OF RODING

153C

Page 85, line 35, leave out from beginning to end of line 35 on page 86

Before Clause 108

LORD MCKENZIE OF LUTON

LORD GREAVES

153D

Insert the following new Clause—

“Notice requiring application for planning permission for development already carried out

After section 70 of the Town and Country Planning Act 1990 insert—

“70A Notice requiring application for planning permission for development already carried out

Where, in view of the planning authority, there is a breach of planning permission or the local authority’s planning policy, the planning authority may issue a notice—

(a) requiring the owner of the land in, on, over or under which the development has been carried out to make an application to them for planning permission for the development;

(b) describing the development in a way that is sufficient to identify it; and

(c) specifying a date by which the application is to be made.””

Clause 108

LORD AVEBURY

BARONESS WHITAKER

154

Page 87, line 3, after “notice” insert “(that was issued and took effect no more than three years prior to the application being made)”

BARONESS GARDNER OF PARKES

155

Page 87, line 5, at end insert—

“70D Requirement for consultation on retrospective application

A local planning authority may require an applicant for retrospective planning permission to carry out consultation on the proposed application as if it were an application of a type specified under section 61W, and to take account of responses to the consultation in accordance with section 61X.”

BARONESS BYFORD

 

Baroness Byford gives notice of her intention to oppose the Question that Clause 108 stand part of the Bill.

Clause 109

BARONESS HANHAM

155A

Page 89, line 17, leave out from beginning to “and” in line 19 and insert “apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons,”

155B

Page 89, leave out lines 22 to 25

BARONESS BYFORD

 

Baroness Byford gives notice of her intention to oppose the Question that Clause 109 stand part of the Bill.

After Clause 109

BARONESS HANHAM

155C

Insert the following new Clause—

“Assurance as regards prosecution for person served with enforcement notice

In the Town and Country Planning Act 1990 after section 172 (issue and service of enforcement notice) insert—

“172A Assurance as regards prosecution for person served with notice

(1) When, or at any time after, an enforcement notice is served on a person, the local planning authority may give the person a letter—

(a) explaining that, once the enforcement notice had been issued, the authority was required to serve the notice on the person,

(b) giving the person one of the following assurances—

(i) that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the enforcement notice, or

(ii) that, in the circumstances as they appear to the authority, the person is not at risk of being prosecuted under section 179 in connection with the matters relating to the enforcement notice that are specified in the letter,

(c) explaining, where the person is given the assurance under paragraph (b)(ii), the respects in which the person is at risk of being prosecuted under section 179 in connection with the enforcement notice, and

(d) stating that, if the authority subsequently wishes to withdraw the assurance in full or part, the authority will first give the person a letter specifying a future time for the withdrawal that will allow the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(2) At any time after a person has under subsection (1) been given a letter containing an assurance, the local planning authority may give the person a letter withdrawing the assurance (so far as not previously withdrawn) in full or part from a time specified in the letter.

(3) The time specified in a letter given under subsection (2) to a person must be such as will give the person a reasonable opportunity to take any steps necessary to avoid any risk of prosecution that is to cease to be covered by the assurance.

(4) Withdrawal under subsection (2) of an assurance given under subsection (1) does not withdraw the assurance so far as relating to prosecution on account of there being a time before the withdrawal when steps had not been taken or an activity had not ceased.

(5) An assurance given under subsection (1) (so far as not withdrawn under subsection (2)) is binding on any person with power to prosecute an offence under section 179.””

Clause 110

BARONESS GARDNER OF PARKES

156

Page 90, line 22, at end insert—

“( ) Section 171B (time limits) ceases to have effect.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

156A

Page 90, line 26, leave out “4” and insert “5”

156B

Page 90, line 28, leave out “3” and insert “4”

Clause 111

LORD BORRIE

LORD BLACK OF BRENTWOOD

LORD SMITH OF FINSBURY

LORD RODGERS OF QUARRY BANK

157

Page 92, line 20, at end insert “and

(c) unless an appeal is submitted under subsection (16),”

158

Page 93, line 16, at end insert—

“(16) Power under subsection (1) is subject to the right of appeal under section 225C.”

159

Page 95, line 1, leave out “notice under section 225B” and insert “notices under sections 225A or 225B”

160

Page 95, line 2, after “section” insert “225A(3) and (5) or”

161

Page 95, line 12, after “of” insert “a display structure”

162

Page 95, line 13, after “section” insert “225A(5) or”

163

Page 95, line 16, after “surface” insert “or display structure”

164

Page 95, line 28, after “section” insert “225A(3) and (5) or”

165

Page 95, line 30, after “section” insert “225A(3) and (5) or”

166

Page 95, line 32, after “section” insert “225A(7) or”

BARONESS HANHAM

166ZA

Page 100, leave out lines 21 and 22

After Clause 112

LORD WIGLEY

166A

Insert the following new Clause—

“Transfer of renewable energy generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations, which will generate renewable energy, in Wales or in waters adjacent to Wales up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) shall be laid within 12 months of the passing of this Act and are subject to negative resolution procedure.”

166B

Insert the following new Clause—

“Transfer of generating station consent powers to Welsh Ministers

(1) The Secretary of State shall make regulations to transfer to Welsh Ministers those functions of the Infrastructure Planning Commission and the Marine Management Organisation which relate to applications for an order granting development consent for the construction or extension of generating stations in Wales or in waters in, or adjacent to, Wales, up to the seaward limits of the territorial sea.

(2) Regulations made under subsection (1) must be laid within 12 months of the passing of this Act and shall be subject to the negative resolution procedure.”

Schedule 13

LORD BOYD OF DUNCANSBY

166C

Page 344, line 19, at end insert—

“(2A) In subsection (3) (deadline for making report to the Secretary of State) omit “deadline for”.”

LORD JENKIN OF RODING

166D

Page 345, line 17, at end insert—

“(3A) After subsection (2)(b) insert—

“(ba) in the case of an application for an order including provision authorising the compulsory acquisition of statutory undertakers’ land, the effect of the compulsory acquisition on any such statutory undertaker,”.”

166E

Page 345, line 17, at end insert—

“(3A) After subsection (2)(b) insert—

“(ba) in the case of an application for an order including provision authorising the compulsory acquisition of—

(i) local authority land,

(ii) National Trust land, or

(iii) land forming part of a common, open space or fuel or field garden allotment,

the effect of the compulsory acquisition of any such land,”.”

166F

[Withdrawn]

166G

Page 346, line 8, after “must” insert—

“(a)”

166H

Page 346, line 10, at end insert—

“(b) notify each interested party of what has been done and of the reasons for doing it.”

166J

Page 346, line 27, at end insert—

“(2A) In subsection (1)—

(a) in paragraph (a) after “consent” insert “which gives effect to the proposals concerned without modifications”, and

(b) after paragraph (a) insert—

“(aa) make an order granting development consent which gives effect to those proposals with modifications, or”.”

166K

Page 346, line 28, at end insert—

“(4) After subsection (2) insert—

“(3) The Secretary of State may do anything that the Secretary of State considers necessary or expedient in relation to any proposals to make an order granting development consent with modifications.””

LORD GREAVES

LORD TOPE

166KA

Page 346, line 28, at end insert—

“55A In section 115(1) after “associated development” insert “, except where the associated development is the carrying out or construction of surface works, boreholes or pipes on a site all of which falls within the area of a single local planning authority, where consent for such works should be required from the local planning authority.”

LORD JENKIN OF RODING

166L

Page 348, line 3, leave out paragraph 64 and insert—

“64 Omit section 127 (statutory undertakers’ land).”

166M

Page 348, line 6, at end insert—

“64A Omit sections 128 to 132 (orders granting development consent that include provision authorising the compulsory purchase of certain types of land subject to special parliamentary procedure).”

166N

Page 348, line 15, at end insert—

“66A Omit section 137 (public rights of way: statutory undertakers’ apparatus etc.).”

166P

Page 348, line 16, leave out paragraph 67 and insert—

“67 (1) Section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the Planning Act 2008 is amended as follows.

(2) For subsections (4) to (6) substitute—

“(4) The order may include provision for the extinguishment of the relevant right, or the removal of the relevant apparatus, only if the Secretary of State is satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates.””

166Q

Page 348, line 21, at end insert—

“68A In section 232 (orders and regulations), at the end of subsection (3) insert “; and

(c) power to provide for a procedure to waive compliance with any requirements of the order or regulations if compliance with those requirements would be unnecessary, impossible or impracticable in the circumstances.””

166R

Page 348, line 21, at end insert—

“In section 150 (removal of consent requirements), at the beginning insert “To the extent that it applies to land in Wales,”.”

166S

Page 349, line 16, leave out “a harbour” and insert “any civil engineering or other works”

166T

Page 349, line 16, at end insert—

“(1A) The Secretary of State may by order amend subsection (1) to add, amend or remove a category of offence.

(1B) The power conferred by sub-paragraph (1A) may be exercised to add a category of offence to sub-paragraph (1) only if the category of offence is relevant to a development for which an order granting development consent may be made under this Act.”

Clause 113

LORD JENKIN OF RODING

LORD BOYD OF DUNCANSBY

166U

Page 102, line 2, leave out subsections (1) and (2) and insert—

“(1) Anything done in relation to a proposed application notified to the Commission under section 46 of the Planning Act 2008 before the abolition date shall remain effective on and after the abolition date as if had been done pursuant to the provisions of that Act as amended by this Act.

(2) Subsection (3) applies to an application received by the Infrastructure Planning Commission before the abolition date that purports to be an application for an order granting development consent under the Planning Act 2008.

(3) In relation to an application mentioned in subsection (2), a person who immediately before the abolition date—

(a) is a member of the Commission, and

(b) is a member of the Panel, or is the single Commissioner, handling the application,

is to be treated as being a member of the Panel that under Chapter 2 of Part 6 of the Planning Act 2008, or the appointed person who under Chapter 3 of that Part, is to handle the application on and after the abolition date.”

Clause 114

LORD BERKELEY

166UZA*

Page 103, line 3, leave out “the House of Commons” and insert “either Houses of Parliament”

166UZB*

Page 103, line 5, leave out “the House of Commons” and insert “both Houses of Parliament”

LORD GREAVES

LORD TOPE

166UA

Page 103, line 10, leave out subsection (3)

LORD BERKELEY

166UAA*

Page 103, line 14, leave out “the House of Commons sits” and insert “both Houses of Parliament sit”

LORD GREAVES

LORD TOPE

166UAB*

Page 103, line 15, at end insert—

“( ) After section 5(8) insert—

“(8A) The reasons must, in particular, set out—

(a) the need to ensure that the UK carbon account for the year 2050 is at least 80% lower than the 1990 baseline, and that interim targets are met, and

(b) the need to meet national policy objectives on assessing the risk and adapting to climate change.””

166UB

Page 103, leave out lines 22 to 29 and insert “has been approved by a resolution of each House of Parliament”

LORD BERKELEY

166UBA*

Page 103, line 23, leave out “the House of Commons” and insert “either Houses of Parliament”

166UBB*

Page 103, line 25, leave out “the House of Commons” and insert “both Houses of Parliament”

LORD GREAVES

LORD TOPE

166UC

Page 103, line 30, leave out subsection (6)

LORD BERKELEY

166UCA*

Page 103, line 36, leave out “the House of Commons sits” and insert “both Houses of Parliament sit”

LORD GREAVES

LORD TOPE

166UD

Page 104, leave out lines 30 to 45

LORD BERKELEY

166UE*

Page 104, line 37, leave out “the House of Commons” and insert “Parliament”

LORD JENKIN OF RODING

166V

Page 105, line 40, at end insert—

“(15) In section 13 (legal challenges relating to national policy statements), omit subsections (1), (3) and (4).”

After Clause 114

LORD JENKIN OF RODING

166VZA

Insert the following new Clause—

“Amendment of section 16 of the Planning Act 2008

In section 16(3)(a) of the Planning Act 2008 for “expected to be less than 132 kilovolts” substitute “to be 132 kilovolts or less”.”

LORD BERKELEY

166VZB*

Insert the following new Clause—

“Directions relating to railway projects

(1) In the Planning Act 2008, after section 35A insert—

“35B Directions relating to railway projects

(1) Subsection (2) applies if a project for the construction or alteration of a railway includes—

(a) development which is within section 14(1)(k), and

(b) development which is permitted development and which is to be carried out wholly in England.

(2) The Secretary of State for Transport may, in response to a qualifying request, direct in the case of any specified development within subsection (1)(b) that—

(a) development consent is not required for the specified development, or

(b) development consent for development within subsection (1)(a) may also be granted for the specified development.

(3) A direction under subsection (2) can only be made if the Secretary of State for Transport thinks that the making of the direction will promote the efficient and timely development of the rail network.

(4) Subsection (5) applies if—

(a) a project consists of development which is within section 14(1)(k), and

(b) the Secretary of State for Transport thinks that the project, taking into account its size, its potential effect on the railway network and all other relevant circumstances, is not of national significance, whether by itself or when considered with any other related project in the same field.

(5) The Secretary of State for Transport may, in response to a qualifying request, direct the development to be treated for specified purposes or generally as development for which development consent is not required.

(6) If the Secretary of State for Transport decides to give a direction under subsection (2) or (5), the Secretary of State for Transport must give reasons for the decision.

(7) In this section “qualifying request”, in relation to any development, means a written request which is made by the person proposing to carry out the development and which specifies the development and—

(a) in the case of a request for a direction under subsection (2), explains why the conditions in subsections (1) and (3) are met; and

(b) in the case of a request for a direction under subsection (5), explains why the conditions in subsection (4) are met.”

(2) In section 115(5) (development for which development consent may be granted) after “associated development” insert “or development in respect of which a direction has been given under section 35B(2)(b)”.”

166VZC*

Insert the following new Clause—

“National planning policy framework

After Part 2 of the Planning Act 2008 (national policy statements), insert—

“Part 2A National planning policy framework

1 National planning policy framework

(1) The Secretary of State may prepare and publish a national planning policy framework for England.

(2) The national planning policy framework is to set out how the Secretary of State considers the development and use of land could and should occur.

(3) The national planning policy framework must contain—

(a) a statement of what the Secretary of State considers to be the economic, environmental and social priorities and objectives for the development and use of land;

(b) general policies for the implementation of those priorities and objectives;

(c) an account of such matters as the Secretary of State considers affect, or may come to affect, the development and use of land;

(d) the key transport principles; and

(e) any other matter which the Secretary of State considers appropriate to include.

(4) The national planning policy framework may contain such maps, diagrams, illustrations or other matters as the Secretary of State thinks appropriate.

(5) The Secretary of State shall keep the national planning policy framework under review.

(6) At least every 5 years after publishing the national planning policy framework, the Secretary of State may either—

(a) revise the framework, or

(b) publish an explanation of why the Secretary of State has decided not to revise it.

(7) If the Secretary of State revises the national planning policy framework, the Secretary of State must publish it as revised.

2 Key transport principles

The key transport principles mentioned in subsection (3)(d) are—

(a) the objectives of transport policy are to facilitate economic growth by—

(i) taking a positive approach to planning for development,

(ii) minimising carbon and other emissions, and

(iii) promoting accessibility;

(b) local authorities should, when planning for major, warehousing and distribution sites, ports, airports and airfields, ensure that the planning documents consider their growth and role in serving business, leisure, training and emergency service needs and the economic, environmental and social impacts on the local and wider economy;

(c) local authorities should set out proposals to protect from development former transport routes such as railway lines which may have the potential to be used as sustainable transport routes in the future to minimise carbon and promote accessibility;

(d) local authorities should plan for developments that generate significant movement to be located where the need to travel will be minimised and use of sustainable transport modes can be maximised;

(e) planning document strategies should protect and exploit opportunities for the use of sustainable modes for the movement of freight or people;

(f) developments should be located and designed where practicable to—

(i) ensure the efficient delivery of goods and supplies;

(ii) give priority to pedestrians and cyclists;

(iii) have access to high quality public transport facilities;

(iv) create safe layouts which minimise conflicts between traffic and cyclists or pedestrians;

(v) incorporate facilities for charging electric and other low emission vehicles; and

(vi) consider the needs of disabled people by all modes of transport; and

(g) the location and design of developments should seek to—

(i) minimise the number and length of journeys and freight transport legs,

(ii) maximise the use of sustainable modes of transport, and

(iii) reduce the use of private cars where possible.

3 Consultation and Publicity

(1) Subject to subsections (2) to (7), the Secretary of State must carry out such consultation, and arrange for such publicity, as the Secretary of State thinks appropriate in relation to a proposal to prepare or revise the national planning policy framework.

(2) The Secretary of State must prepare and publish a statement of public participation (“an SPP”) of—

(i) when consultation is likely to take place,

(ii) who will be consulted,

(iii) the likely form of the consultation, and

(iv) the steps to be taken to involve the public.

(3) The Secretary of State must publish the SPP in a way calculated to bring it to the attention of interested persons.

(4) The Secretary of State must take all reasonable steps to comply with the SPP.

(5) The Secretary of State must have regard to the responses to the SPP when deciding whether to proceed with the proposal.

4 Parliamentary requirements

(1) The Secretary of State must lay a proposal for a national planning framework before Parliament.

(2) The Secretary of State must lay before Parliament a statement setting out the Secretary of State’s response to—

(a) any resolutions of either House, or

(b) recommendations of committees of either House,

made within a relevant period in respect of a proposal for a national planning policy framework.

(3) The relevant period is the period specified by the Secretary of State in relation to the proposal.

(4) The Secretary of State must specify the relevant period in relation to a proposal on or before the day on which the proposal is laid before Parliament.

5 Sustainable Development

(1) This section applies to the Secretary of State in the exercise of the functions of preparing and revising the national planning policy framework.

(2) The Secretary of State must exercise those functions with the objective of achieving sustainable development.

(3) For the purposes of this section, the Secretary of State must act under any guidance, strategies or frameworks relating to sustainable development that may be adopted in the United Kingdom from time to time.

(4) In particular, the national planning policy framework must contain a presumption in favour of sustainable development, which should be central to the approach taken to any planning document and any planning decision, and require local planning authorities to—

(a) plan positively for new development, and approve all individual proposals wherever possible;

(b) prepare planning documents on the basis that objectively assessed development needs should be met but with sufficient flexibility to respond to rapid shifts in demand or other economic changes;

(c) approve development proposals that accord with planning documents without delay; and

(d) grant permission where there are no planning documents or they are silent, indeterminate or where relevant policies are out of date.

(5) Subsection (4) applies unless the adverse impacts of allowing development would significantly and demonstrably outweigh the benefits, when assessed against the policy objectives in the national planning policy framework taken as a whole.

6 Status and Effect

For the purpose of a planning decision, where there exists any conflict or inconsistency between the policies and objectives contained in the national planning policy framework and any other planning document, the national planning policy framework shall prevail.

7 Interpretation of Part: General

In this Part

“interested persons” means—

(a) any persons appearing to the Secretary of State to be likely to be interested in, or affected by, policies proposed to be included in the proposal; and

(b) members of the general public.

“planning decision” means planning permission under the principal Act.

“planning document” means—

(a) a national policy statement under Part 2 of the Planning Act 2008;

(b) the development plan; or

(c) a neighbourhood development plan.””

Clause 115

BARONESS HANHAM

166VA

Page 106, line 12, leave out “subsection (5)” and insert “this section”

166VB

Page 106, leave out lines 20 to 24

166VC

Page 106, line 26, at end insert—

“(8A) An order under subsection (5) may not affect—

(a) a requirement for a devolved consent to be obtained for, or given in relation to, development, or

(b) whether development may be authorised by a devolved consent.

(8B) A consent is “devolved” for the purposes of subsection (8A) if—

(a) provision for the consent would be within the legislative competence of the National Assembly for Wales if the provision were contained in an Act of the Assembly,

(b) provision for the consent is, or could be, made by the Welsh Ministers in an instrument made under an Act,

(c) the consent is not within subsection (6)(c) and the Welsh Ministers have a power or duty—

(i) to decide, or give directions as to how to decide, whether the consent is given,

(ii) to decide, or give directions as to how to decide, some or all of the terms on which the consent is given, or

(iii) to revoke or vary the consent, or

(d) the consent is within subsection (6)(c) and the notice has to be given to the Welsh Ministers or otherwise brought to their attention.”

Clause 116

LORD JENKIN OF RODING

166VCA

Page 108, line 44, at end insert—

“( ) The Secretary of State shall set out in regulations the process for decision-making, including when the Secretary of State, having received a recommendation on a nationally significant infrastructure project, is minded to disagree with that recommendation, and wishes to seek supplementary information from developers and other interested parties.”

After Clause 120

BARONESS HANHAM

166VD

Insert the following new Clause—

“Acceptance of applications for development consent

(1) The Planning Act 2008 is amended as follows.

(2) In section 55(3) (conditions for acceptance of application) omit paragraphs (b) and (d) (application may be accepted only if it complies with requirements as to form and contents and with any standards set, and gives reasons for any failure to follow applicable guidance).

(3) In section 55(3) after paragraph (e) insert “, and

(f) that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory.”

(4) In section 55 after subsection (5) insert—

“(5A) The Secretary of State, when deciding whether the Secretary of State may reach the conclusion in subsection (3)(f), must have regard to the extent to which—

(a) the application complies with the requirements in section 37(3) (form and contents of application) and any standards set under section 37(5), and

(b) any applicable guidance given under section 37(4) has been followed in relation to the application.”

(5) In section 37(3) (requirements as to form and contents of application) after “must” insert “, so far as necessary to secure that the application (including accompaniments) is of a standard that the Secretary of State considers satisfactory”.”

After Clause 121

BARONESS HANHAM

166VE

Insert the following new Clause—

“Timetables for reports and decisions on applications for development consent

(1) The Planning Act 2008 is amended as follows.

(2) In section 98(3) (Examining authority must report on application within 3 months beginning with deadline for completing its examination) for the words from “beginning” onwards substitute “beginning with—

(a) the deadline for completion of its examination of the application, or

(b) (if earlier) the end of the day on which it completes the examination.”

(3) In section 107(1) (which provides for the application to be decided within 3 months of the start day but is amended by this Act to provide for decision within 3 months of the deadline under section 98(3))—

(a) for “with the” substitute “with—

(a) the”, and

(b) at the end insert “, or

(b) (if earlier) the end of the day on which the Secretary of State receives a report on the application under section 74(2)(b) or 83(1)(b).””

Clause 122

LORD JENKIN OF RODING

166W

Page 116, line 12, at end insert—

“(2) After section 120(2) of the Planning Act 2008 insert—

“(2A) For the purposes of discharging the requirements and any related appeal against a decision of the local planning authority or its failure to make a decision, unless otherwise specified in an order granting development consent the requirements shall be treated as if they were conditions imposed under Part 3 of the Town and Country Planning Act 1990.””

Clause 124

BARONESS PARMINTER

LORD GREAVES

LORD MCKENZIE OF LUTON

LORD REAY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 124 stand part of the Bill.

After Clause 124

LORD LUCAS

LORD JENKIN OF RODING

167

Insert the following new Clause—

“Duty to have regard to community views

After section 19 of the Planning and Compulsory Purchase Act 2004 (preparation of local development documents) insert—

“19A Duty to have regard to community views

(1) A local planning authority must have regard to any written expressions of community views in the preparation of development plan documents so far as they relate to spatial planning.

(2) Where a local planning authority decides to set aside these views, it must give written reasons.

(3) For the purpose of subsection (1), a local planning authority must have regard to any guidance issued by the Secretary of State as to the definition of “community views”.””

LORD SELSDON

LORD JENKIN OF RODING

168

Insert the following new Clause—

“Planning permission for subterranean development

After section 75 of the Town and Country Planning Act 1990, insert—

“75A Planning permission for subterranean development

(1) Any proposed development which extends below the ground level of an existing property shall be deemed to be “a subterranean development” and any person seeking to undertake a subterranean development must—

(a) commission a “Subterranean Impact Study” by consultants approved by the Department for Environment, Food and Rural Affairs on the impact of the proposed subterranean development upon—

(i) subterranean ground conditions with particular reference to flowing and standing water; and

(ii) foundations, footings and structure of any adjacent buildings and other buildings within a radius of 100 metres of the proposed development;

(b) provide owners of any adjacent properties and of properties within a radius of 100 metres with a copy of the Subterranean Impact Study and enter into consultation with the respective owners during a period of not less than 90 days;

(c) submit a copy of the Subterranean Impact Study to the relevant planning authority, together with the results of the consultation with relevant adjacent and nearby property owners, before submitting any application for full planning approval for the proposed subterranean development from the relevant planning authority;

(d) seek the approval of the Secretary of State for the proposed subterranean development;

(e) provide an appropriate warranty or bond and security for expenses to a value to be determined by a specialist advisor.””

BARONESS GARDNER OF PARKES

169

Insert the following new Clause—

“Planning permission for development under land

After section 75 of the Town and County Planning Act 1990, insert—

“75A Planning permission for development under land

(1) In considering an application for planning permission for a development involving building under land, a local planning authority shall—

(a) have regard to the number of other applications for such development in the locality that it has granted;

(b) presume that if it has granted permission for such development in respect of one application it will, unless there are exceptional circumstances, grant permission for other applications proposing similar development; and

(c) ensure that adequate protection is provided for adjacent and neighbouring properties.

(2) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the applicant has entered into such appropriate insurance arrangements or bonds or other security as are specified in the regulations.

(3) The Secretary of State may make regulations requiring an applicant for planning permission for a development involving building under land to demonstrate that the development will be adequately supervised by a qualified structural engineer.””

170

Insert the following new Clause—

“Development on green belt land

The appropriate planning authority may grant planning permission for development involving infilling on green belt land (within the meaning given by Planning Policy Guidance 2: green belts) if on that land sufficient infrastructure and services exist as to make the development reasonable.”

LORD REAY

170A

Insert the following new Clause—

“Windfarms: appeal costs

Where an appeal is made against the decision of a local planning authority to reject a planning application for an onshore windfarm, and the matter is taken to a public inquiry, the costs incurred by the authority in contesting the appeal, as well as any reasonable costs incurred by any registered rule 6(6) party under the Town and Country Planning Appeals Rules 2000, shall be paid for by the appellant.”

LORD AVEBURY

BARONESS WHITAKER

170B

Insert the following new Clause—

“Planning permission for sites for Gypsies and Travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites for gypsies and travellers

(1) The Secretary of State may direct a local planning authority to grant planning permission for an application involving development which provides a site for the accommodation of a specified number of gypsies and travellers.

(2) In the East of England and South West regions, the specified number of gypsies and travellers under subsection (1) may not exceed any number specified for that local authority in the regional strategy.

(3) In the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the specified number of gypsies and travellers under subsection (1) may not exceed the number for that local planning authority in the independent panel report.

(4) In any other region, the specified number of gypsies and travellers under subsection (1) may not exceed the number in the gypsy and traveller accommodation needs assessment conducted under section 225 of the Housing Act 2004.

(5) In this section “gypsies and travellers” has the meaning given by regulations made under section 225 of the Housing Act 2004.

(6) The reference to a regional strategy applies to the regional strategy in place at the abolition of regional strategies under section 94 of the Localism Act 2011.””

LORD AVEBURY

170C

Insert the following new Clause—

“Planning permission for sites or accommodation for Gypsies and Travellers

In the Town and Country Planning Act 1990, after section 77 insert—

“77A Planning permission for sites or accommodation for gypsies and travellers

In deciding whether to grant planning permission for a site for gypsies, travellers or travelling showmen at any time before a development plan has been adopted specifying the additional number of pitches for which planning permission is required within its area, or in determining a planning application for residential accommodation for gypsies, travellers or travelling showmen, a local planning authority shall treat as a material consideration—

(a) in the case of a local planning authority in the East of England or the South West of England, the number of pitches for that local authority in the regional strategy that was in place at the time before regional strategies were abolished under section 94 of the Localism Act 2011;

(b) in the case of a local planning authority in the North West and South East regions, and in any other region where there is a report by the independent panel appointed by the Secretary of State under section 8 of the Planning and Compulsory Purchase Act 2004, the number of pitches for that local authority in the independent panel report; and

(c) in the case of a local planning authority in any other region, the number of pitches for that local authority in the gypsy and traveller accommodation needs Assessment conducted under section 225 of the Housing Act 2004.””

LORD JENKIN OF RODING

170CA

Insert the following new Clause—

“Code of practice for subterranean development

(1) Any proposed development which extends below the ground level of an existing building or its garden shall be deemed to be a “subterranean development”.

(2) A local planning authority may promulgate a code of practice at any time on the excavation and construction of a subterranean development with a view to lessening the adverse impact of the excavation and construction on adjacent properties and their owners and occupiers and on the wider neighbourhood; and this code may include (but not necessarily exclusively) provisions on—

(a) demonstrating that the necessary works can be undertaken while meeting specified technical standards;

(b) the methods, materials and equipment to be used;

(c) the standards to be observed in relation to noise levels;

(d) the hours of construction and excavation or of particularly noisy types of construction and excavation;

(e) the monitoring of noise and vibration;

(f) the provision of information to adjoining owners; and

(g) other measures to be taken to reduce the risk of damage to neighbouring properties, noise, dust, dirt and the risk of an infestation of vermin.

(3) Local planning authorities shall take account of any guidance issued by the Secretary of State in drawing up such a code of practice.

(4) If a local planning authority has promulgated such a code, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to abide by the code or specified elements of it.”

170CB

Insert the following new Clause—

“Allowances for disturbance and inconvenience caused by subterranean development

(1) A local planning authority may draw up and periodically amend a scale of allowances which it considers appropriate for payment by the developers of subterranean developments to adjoining owners or occupiers in respect of the disturbance and inconvenience caused by the excavation and construction of the subterranean development.

(2) The scale may take account of—

(a) the noise levels of the development;

(b) the period of time that it takes;

(c) the degree to which parts of the adjoining property are rendered unusable for normal purposes; and

(d) the differential effect on different types of occupants of adjoining properties.

(3) In drawing up such a scale of allowances, the local planning authority shall take account of any guidance issued by the Secretary of State.

(4) “Adjoining owner” and “adjoining occupier” shall be defined as in the Party Wall etc. Act 1996.

(5) If a local planning authority has drawn up and publicised such a scale of allowances, it may make the granting of planning consent for a subterranean development conditional on the developer undertaking to pay an allowance to adjoining owners or occupiers in accordance with the scale.”

BARONESS PARMINTER

LORD GREAVES

LORD JUDD

170CC

Insert the following new Clause—

“Community right of appeal

(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In section 70 (determination of applications: general considerations)—

(a) in subsection (1)(a), after the first “subject to” insert “subsection (2A) and”,

(b) after subsection (2) insert—

“(2A) Where the planning authority decides under this section to grant a permission for an application which falls within one of the categories, and meets any of the conditions specified in section 78(2A)—

(a) in case where no appeal is lodged against the decision, it shall make the grant as soon as may be specified in a development order after the expiration of the period for the lodging of an appeal;

(b) in case where an appeal or appeals is or are lodged against the decision, it shall not make the grant unless, as regards the appeal or, as may be appropriate, each of the appeals—

(i) are withdrawn, or

(ii) are dismissed by the Secretary of State.”

(3) In section 78 (appeals to the Secretary of State against planning decisions and failure to take such decisions) after subsection (2) insert—

“(2A) Where a planning authority grants an application for planning permission, and—

(a) the authority has publicised the application as not according with the development plan in force in the area in which the land to which the application relates is situated; or

(b) the application is one in which the authority has an interest as defined in section 316;

certain persons as specified in subsection (2B) below may by notice appeal to the Secretary of State, provided any one of the conditions in subsection (2C) below are met.

(2B) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (2A) above are—

(a) a ward councillor for the area;

(b) any parish council covering or adjoining the area of land to which the application relates; or

(c) any overview and scrutiny committee for the area.

(2C) The conditions are—

(a) section 61W(1) of the Town and Country Planning Act 1990 applies to the application;

(b) the application is accompanied by an environmental impact assessment;

(c) the planning officer has recommended refusal of planning permission.”

(4) In section 78, after subsection (4D) insert—

“(4E) For appeals lodged under subsection (2A), a notice must be served no later than 28 days from the date of notification of the decision.”

(5) Section 79 is amended as follows—

(a) in subsection (2), omit “either” and the words after “planning authority” and insert “or the applicant (where different from the appellant)”;

(b) in subsection (6), after “the determination”, insert “except for appeals as defined in section 78(2A) and where the appellant is as defined in section 79(2B)).””

LORD REAY

[As an amendment to Amendment 170CC]

170CCA

Leave out lines 45 and 46

LORD BEST

LORD TYLER

BARONESS WHITAKER

170CD

Insert the following new Clause—

“Consideration of planning applications: design review panels

In section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permissions: general considerations), after subsection (2) insert—

“(2A) Where an application has been made under subsection (1), the authority may submit it to a design review panel for consideration.

(2B) Where an application has been submitted to a design review panel, the panel may make recommendations to the authority regarding the quality of design in the application.

(2C) Where recommendations have been given, the authority shall, in dealing with the application, have regard to such recommendations so far as material to the application.

(2D) In subsection (2A) “design review panel” means an independent cross-professional panel appointed to examine and evaluate the design of the proposed development.””

BARONESS GARDNER OF PARKES

170CE

Insert the following new Clause—

“Application of Party Wall etc. Act 1996 to subterranean development

After section 20 of the Party Wall etc. Act 1996 insert—

“20A Application to subterranean development

The requirements of this Act apply to any subterranean development or proposed development.””

LORD REAY

LORD JUDD

LORD CORMACK

170CF

Insert the following new Clause—

“Determination of appeals

(1) Section 79 (determination of appeals) of the Town and Country Planning Act 1990 is amended as follows.

(2) In subsection (1), at the beginning insert “Subject to subsections (1A to (1C),”.

(3) After subsection (1) insert—

“(1A) Subject to subsections (1B) and (1C), the Secretary of State may exercise his or her power under subsection (1) even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.

(1B) Where the Secretary of State grants a permission in accordance with subsection (1A), he or she shall indicate in his decision the main reasons and considerations for contravening materially the development plan.

(1C) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Secretary of State may only grant planning permission at appeal in accordance with subsection (1A) where he or she is satisfied that one or more of the following applies—

(a) the proposed development is of strategic or national importance, or necessary in the interests of national security or foreign governments;

(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned;

(c) to refuse permission would substantially conflict with planning policies as a whole issued by the Secretary of State;

(d) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the adoption of the development plan;

(e) to refuse permission would lead to the United Kingdom being in breach of any of its international obligations;

(f) to refuse permission would lead to the Secretary of State being in breach of any duty imposed on him by or under any enactment;

(g) to refuse permission would be unlawful by virtue of any enactment.

(4) In subsection (4), after “subject to” for “subsection (2)” substitute “subsections (1A) to (2)”.”

LORD BERKELEY

170CG

Insert the following new Clause—

“Matters to which local authorities must have regard

(1) When considering planning applications for, in particular, warehouses, distribution sites, ports, airports and airfields, local authorities must have regard to the impact on—

(a) businesses,

(b) leisure facilities,

(c) the provision of emergency services,

(d) the environment, and

(e) the local economy.

(2) When considering planning applications which are expected to result in a significant increase in the use of local transport infrastructure, local authorities must have regard to—

(a) achieving the minimum disruption to local transport infrastructure,

(b) achieving efficient freight access to businesses,

(c) encouraging the use of sustainable transport,

(d) ensuring pedestrians, disabled people and cyclists are appropriately provided for, and

(e) possible alterations to the infrastructure to make use of future low-carbon transport.

(3) Local authorities must adopt planning policies to protect transport routes which may reasonably be believed to have a role in providing low-carbon transport in the future.”

LORD GREAVES

LORD TOPE

170CH

Insert the following new Clause—

“Notification of initiation of development etc

(1) In the Town and Country Planning Act 1990 after section 106C insert—

“106D Notification of initiation of development

(1) A person who intends to carry out development for which permission has been granted or for which a local development order, a neighbourhood development order or a community right to build order has been made must as soon as practicable after deciding on a date on which to initiate the development inform the local planning authority of that date.

(2) A notice of planning permission or a community right to build order must include a statement of the requirements of subsection (1) and section 171A and, where relevant, of section 106E.

106E Display of notice during development

(1) A person carrying out relevant development must display a notice containing prescribed information while the development is taking place.

(2) The notice shall be displayed on the site of the development in such a position that it can be read by members of the public.

(3) The Secretary of State shall make regulations prescribing the classes of development to which this section applies and the information that the notice must contain.”

(2) In section 171A of the Town and Country Planning Act 1990 (expressions used in connection with enforcement) after subsection (1)(b) insert—

“(c) initiating development without giving notice in accordance with section 106D, or

(d) carrying out development without displaying a notice in accordance with section 106E,”.”

BARONESS GARDNER OF PARKES

170CJ

Insert the following new Clause—

“Duty to have regard to effect of smoking on planning application

(1) In considering an application for planning permission a local planning authority must have regard to the effect on the proposed development of any smoking that may take place on the premises or on adjacent or nearby premises, including any potential danger to buildings from fire that may arise from smoking.

(2) In this section “smoking” has the same meaning as in section 1 of the Health Act 2006.”

LORD BEST

170CK*

Insert the following new Clause—

“Amendment of the Commons Act 2006

(1) The Commons Act 2006 is amended as follows.

(2) In section 15 (registration of greens), after subsection (5) insert—

“(5A) The registration of land pursuant to an application to which subsection (2), (3) or (4) applies shall not prevent the carrying out of any development in accordance with planning permission granted before the date of registration.”

(3) After subsection (9) insert—

“(9A) A commons registration authority may set a maximum number of pages of evidence that may be submitted in support of an application under this section.

(9B) If a limit is set under subsection (9A) an authority may nonetheless request supplementary evidence.

(9C) A commons registration authority may amend or dismiss an application under this section if it considers that the application is frivolous, vexatious, discloses no reasonable grounds for the application or is an abuse of process.

(9D) If an authority amends or dismisses an application under subsection (9C), it may require the applicant to pay any costs incurred by the authority in considering the application.”

(4) After section 15 insert—

“15A Deregistration of town or village green: jurisdiction of Upper-tier Tribunal

(1) The Upper-tier Tribunal shall (without prejudice to any concurrent jurisdiction of the Tribunal), on the application of any person, have power to remove from the register of town or village greens any land on being satisfied—

(a) that because of changes in the character of the land or the neighbourhood or other circumstances which the Tribunal deems material, the land ought to be removed from the register;

(b) that the continued registration of the land as a town or village green would impede the development of the land for public purposes; or

(c) that the persons for the time being or from time to time entitled to use the town or village green for lawful sports or pastimes have agreed, either expressly or by implication, by their acts or omissions, to remove the land from the register.

(2) In determining a case under subsection (1), and in determining in any other case whether land should be removed from the register of town or village greens, the Upper-tier Tribunal shall take into account—

(a) the development plan,

(b) any declared or ascertainable pattern for the grant or refusal of planning permission in the area,

(c) the period during which and context in which the land was registered as a town or village green, and

(d) any other material circumstances.””

Clause 128

LORD SHIPLEY

BARONESS DOOCEY

170D

Page 120, line 31, after “1985)” insert “or who have been owed such duties at any time within the previous five years”

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

171

Page 120, line 37, after “disability)” insert “or those who have an assessed housing need in a community care assessment”

Clause 129

LORD SHIPLEY

BARONESS DOOCEY

171A

Page 123, line 18, leave out “two” and insert “five”

BARONESS DOOCEY

LORD SHIPLEY

171B

Page 123, line 21, leave out “to (7E)” and insert “, (7C) and (7E)”

171C

Page 123, line 21, at end insert—

“(8A) In subsection (7D) after paragraph (c) insert—

“(d) an assured shorthold tenancy of a minimum duration of 12 months is available to the applicant;

(e) the applicant has previously been placed in an assured shorthold tenancy of a duration of more than six months and less than 12 months between the date of the application being made and the date of the tenancy mentioned in paragraph (d) becoming available;

(f) the local authority considers that the tenancy available can be afforded by the applicant;

(g) a housing support services assessment for the applicant has concluded that any support needs of the household to which the applicant belongs can be met within the accommodation provided under the tenancy that is available;

(h) the support to meet the support needs of the household is available; and

(i) the local authority has advised the applicant of tenants’ and landlords’ rights and obligations under an assured shorthold tenancy and has directed the applicant to sources of independent advice and information.””

LORD SHIPLEY

LORD TOPE

171D

Page 123, line 27, leave out paragraph (d)

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

172

Page 123, line 27, after “paragraph” insert “after the words “they are satisfied that the accommodation is suitable” insert “and affordable”; after “applicant” insert the words “and the local authority, acting as an intermediary, has a leasing arrangement with the private landlord”; and”

LORD SHIPLEY

LORD TOPE

172A

Page 123, line 30, leave out subsection (10)

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

173

Page 123, line 41, leave out “12” and insert “60”

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 129 stand part of the Bill.

Clause 130

BARONESS DOOCEY

LORD SHIPLEY

173ZA

Page 124, line 6, at end insert—

“( ) After section 184 (inquiry into cases of homelessness or threatened homelessness) insert—

“184A Prevention of homelessness: advice and assistance

(1) An authority may, in the course of its enquiries under section 184, provide advice and assistance to the applicant for the purpose of the prevention of homelessness.

(2) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (1).

(3) The advice and assistance provided under subsection (1) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such accommodation).

(4) The advice and assistance provided under subsection (1), including the assessment of the housing needs of and options available to the applicant, shall, in addition to the information specified in subsection (3), set out the steps which in the opinion of the authority are required to resolve the applicant’s housing needs.

(5) Any advice and assistance or offer of further assistance provided or made in accordance with subsection (4) shall be notified in writing to the applicant at the time when such provision or offer takes place or as soon as reasonably practicable thereafter.

(6) Where at any time prior to the making of a decision under section 184(3) the authority proposes to procure or arrange for the applicant a private rented sector offer, the applicant is free to reject such an offer without affecting the duties owed to him or her by the authority under this Part.

(7) The authority shall secure that any offer of accommodation which is made in the circumstances described in subsection (3)—

(a) is an offer of a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least twelve months; and

(b) is accompanied by a statement in writing which specifies the term of the tenancy being offered and explains in ordinary language—

(i) that there is no obligation to accept the offer, but

(ii) that if the offer is accepted, the authority may decide that the applicant is no longer homeless or threatened with homelessness and the consequences of such decision, and

(iii) the implications of the applicant deciding not to accept the offer.

(8) A notification or statement under subsection (2) or (4)(b) shall inform the applicant of his or her right to seek independent advice in respect of the matters contained in that document.””

LORD SHIPLEY

LORD PALMER OF CHILDS HILL

173ZB

Page 124, line 6, at end insert—

“(1A) After section 166 of the Housing Act 1996 (inquiry into cases of homelessness or threatened homelessness) insert—

“166A Statistics on homelessness

(1) The local housing authority shall record and publish in statistical form details of all those—

(a) who make an application for accommodation under section 166;

(b) who express an interest in making such an application;

(c) whom the authority considers to be homeless or threatened with homelessness; or

(d) who consider themselves to be homeless or threatened with homelessness.

(2) The details published under subsection (1) shall be such as shall be prescribed by regulations and shall include—

(a) the size and composition of the household;

(b) the reason for and nature of the housing need;

(c) whether the authority judges the applicant to be homeless or at risk of homelessness;

(d) whether an applicant considers himself or herself to be homeless or at risk of homelessness;

(e) a record of what, if any, assistance has been offered to the applicant; and

(f) a record of what, if any, assistance has been accepted by the applicant.

(3) The authority shall—

(a) make a copy of all information published under subsection (1) available at its principal office for inspection at all reasonable hours, without charge, by members of the public; and

(b) provide (on payment if required by the authority of a reasonable charge) a copy of such information to any member of the public on request.””

LORD SHIPLEY

LORD TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173ZC

Page 124, line 13, at end insert—

“(2A) For section 190 substitute—

“190 Duties to persons becoming homeless intentionally or who are not in “priority need”

(1) This section applies where the local housing authority are satisfied that an applicant is homeless and is eligible for assistance, and—

(a) are satisfied that he or she became homeless intentionally,

(b) are satisfied that he or she is not in “priority need”, or

(c) both of the above.

(2) The local authority shall—

(a) secure that accommodation is available for his or her occupation for such period as they consider will give him or her a reasonable opportunity of securing accommodation for his or her occupation, and

(b) provide him or her with (or secure that he or she is provided with) advice and assistance in any attempts he or she may make to secure that accommodation becomes available for his or her occupation.

(3) The applicant’s housing needs shall be assessed before advice and assistance is provided under subsection (2)(b).

(4) The advice and assistance provided under subsection (2)(b) must include information about the likely availability in the authority’s district of types of accommodation appropriate to the applicant’s housing needs (including, in particular, the location and sources of such types of accommodation).””

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

173ZZD

Page 124, line 13, at end insert—

“(2A) In section 190 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remains responsible for providing the applicant with advice and assistance under subsection (3), and for any notification or statement under subsection (7).

(5A) Any advice and assistance provided under subsection (3) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5B) Any advice and assistance provided or offer of further assistance made in accordance with subsection (3) and the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5C) A notification or statement under subsection (5B) shall inform the applicant of his or her right to seek independent advice in respect of the matters contained in that document.””

LORD SHIPLEY

LORD TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173ZD

Page 124, line 13, at end insert—

“( ) Omit section 192.”

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

173ZDA

Page 124, line 13, at end insert—

“(2B) In section 192 for subsection (5) substitute—

“(5) The assessment under subsection (4) shall be carried out by a named officer or person appointed by the authority who will, so far as reasonably practicable, remain responsible for providing the applicant with advice and assistance under subsection (2), and for any notification or statement under subsection (5C).

(5A) Where the authority have become subject to the duty to a person under subsection (2) they shall notify the applicant in writing of their decision, when such decision takes place or as soon as reasonably practicable thereafter, whether they intend to exercise their power to secure that accommodation for that person is available under subsection (3), and if they intend not to exercise that power they shall inform him of their reasons for declining to do so.

(5B) Any advice and assistance provided under subsection (3) must include information about the likely availability in the authority’s district of accommodation appropriate to the applicant’s housing needs (including, in particular, the sources and location of such accommodation) and shall set out the steps which in the opinion of the authority are required to be taken in order to meet the applicant’s housing needs.

(5C) Any advice and assistance provided or offer of further assistance made in accordance with subsection (2) the outcome of any assessment under subsection (4) shall be notified in writing to the applicant at the time when such assessment, provision or offer takes place or as soon as reasonably practicable thereafter.

(5D) A notification or statement under subsection (5A) or (5C) shall inform the applicant of his right to seek independent advice in respect of the matters contained in that document.””

LORD SHIPLEY

BARONESS DOOCEY

173ZE

Page 124, line 19, leave out “two” and insert “five”

173ZF

Page 125, leave out lines 6 to 9

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

After Clause 130

LORD BEST

173A

Insert the following new Clause—

“Suitability of accommodation

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have specific regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members or his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004 (meaning of “category 1 hazard” and “category 2 hazard”) exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

LORD SHIPLEY

LORD TOPE

BARONESS DOOCEY

173AA

Insert the following new Clause—

“Suitability of accommodation (No. 2)

In section 210 of the Housing Act 1996 (suitability of accommodation secured under homelessness duties), after subsection (2) insert—

“(3) Accommodation shall not be regarded as suitable for a person unless it is affordable.

(4) Accommodation shall not be considered to be affordable if an applicant’s residual income after deduction of the rent and other costs of that accommodation would be less than the amount of income support or income-based jobseeker’s allowance or such other subsistence-level state benefit as may be available at the time which is applicable in respect of that applicant and his or her household, or which would be available if he or she was entitled to claim such benefit.

(5) In determining whether accommodation is suitable for the applicant and his or her household in terms of its location, the authority shall have regard to—

(a) subsection (1) of section 208;

(b) the distance of the accommodation from or proximity to employment or employment opportunities;

(c) any disruption to the education of children or young persons in the household;

(d) the risks to the applicant of isolation, taking into account amenities such as transport, shops and other necessary facilities;

(e) the level of support available to the applicant in the district in which the accommodation is situated from family or friends or the local community;

(f) the availability of medical treatment where appropriate;

(g) any caring responsibilities of the applicant in relation to another person;

(h) the ages of the applicant and other members of his or her household; and

(i) any other circumstances affecting the wellbeing of the applicant and his or her household.

(6) Accommodation shall not be regarded as suitable for a person unless the authority is satisfied that the landlord is a fit and proper person and that, where the accommodation forms part of a house in multiple occupation, the proposed management arrangements for the house are satisfactory.

(7) For the purposes of subsection (6), the tests in section 66 of the Housing Act 2004 shall apply for the purposes of deciding whether a landlord is a fit and proper person or (as the case may be) whether the proposed management arrangements for the house are satisfactory (whether or not the house is subject to mandatory licensing).

(8) Accommodation shall not be regarded as suitable for a person where on inspection the authority considers that a category 1 hazard, within the meaning of section 2(1) of the Housing Act 2004, exists in or in relation to the accommodation itself or the premises in which the accommodation is situated.””

Before Clause 131

LORD BEST

173B

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 (grounds and orders for possession) where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 (suitability of accommodation) shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Clause 131

LORD BEST

LORD PATEL OF BRADFORD

173C

Leave out Clause 131 and insert the following new Clause—

“Tenancy strategies

(1) A local housing authority in England working with registered providers of social housing in its area, residents, and other stakeholders shall consider appropriate responses to relevant tenancy issues locally.

(2) A local housing authority must publish information detailing the approach taken locally to tenancy issues in any manner it considers appropriate.

(3) This information may include how the local housing authority, registered providers and partners will work together in relation to—

(a) the kinds of tenancies they grant,

(b) the circumstances in which they will grant a tenancy of a particular kind,

(c) where they grant tenancies for a certain term, the lengths of the terms,

(d) the circumstances in which they will grant a further tenancy on the coming to an end of an existing tenancy, and

(e) any other issues as determined appropriate by the local housing authority.

(4) The powers in this section may be exercised by a single local housing authority or by two or more local housing authorities acting jointly.”

Clause 133

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD BEST

 

The above-named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill.

Clause 135

BARONESS DOOCEY

LORD SHIPLEY

173CA

Page 127, line 26, leave out “two” and insert “seven”

BARONESS HANHAM

173CAA*

Page 127, line 30, leave out “secure” and insert “flexible”

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

173CB

Page 127, line 30, at end insert—

“(2A) Subsection (2) shall not apply to a secure tenancy if immediately before the tenancy was granted the person who became the tenant under the tenancy, or in the case of joint tenants one or more of them, was—

(a) a secure tenant of the same or another dwelling-house, or

(b) an assured tenant of a private registered provider of social housing or a registered social landlord (otherwise than under an assured shorthold tenancy) in respect of the same or another dwelling-house.”

BARONESS HANHAM

173CC*

Page 127, line 39, leave out “(“the original flexible tenancy”)”

173CD*

Page 127, leave out line 41 and insert “that is a flexible tenancy for a term certain of the length specified in the notice, and sets out the other express terms of the tenancy, and

(e) the length of the term specified in the notice is at least two years.

(3A) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of subsection (3) is that specified in the notice under paragraph 4ZA(2) of Schedule 1.

(3B) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.”

LORD BEST

173D

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall proceed on the basis of a presumption that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

LORD SHIPLEY

LORD PALMER OF CHILDS HILL

173E

Page 130, line 24, at end insert—

“(3A) In carrying out the review, the reviewing officer shall presume that a new flexible tenancy for a term at least equivalent to the current or previous fixed term should be granted to the tenant unless the contrary is shown to be in accordance with the authority’s policies, in the interests of good housing management and compliant with Article 8 of the European Convention on Human Rights.”

LORD RIX

BARONESS HOLLINS

LORD WIGLEY

174

Page 130, line 46, at end insert—

“107F Exemptions from flexible tenancies

(1) People on disability living allowance, employment and support allowance and those over the age of 65, should be exempt from being offered a flexible tenancy.

(2) The Secretary of State may seek to make further exemptions from flexible tenancies at any time.”

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 135 stand part of the Bill.

After Clause 135

LORD TOPE

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

174A

Insert the following new Clause—

“Exemptions from flexible tenancy regime

(1) The Secretary of State shall by regulations provide that a secure tenancy shall not be capable of being a flexible tenancy if it falls within one of such classes as shall be prescribed.

(2) The prescribed classes of secure tenancy referred to in subsection (1) shall include—

(a) tenancies granted to a tenant (alone or jointly with others) aged 60 years or more;

(b) tenancies granted to a tenant (alone or jointly with others) in circumstances where the tenant or a member of his or her household suffers from a long-term illness or disability, or has a need for secure accommodation on medical or welfare grounds;

(c) tenancies granted to such other persons as regulations shall provide who have a need for secure accommodation.

(3) In determining whether a tenant falls within one of the prescribed classes of person, the landlord authority shall have regard to guidance issued by the Secretary of State under this section.

(4) Where a tenancy is a secure tenancy by reason of regulations made under this section, it shall be a ground for possession within section 84 of the Housing Act 1985 where the accommodation afforded by the dwelling-house is more extensive than is reasonably required by the tenant.

(5) The court shall not make an order for possession under subsection (4) unless—

(a) it is satisfied that suitable alternative accommodation will be available for the tenant when the order takes effect; and

(b) it considers it reasonable to make the order.

(6) Part IV of Schedule 2 to the Housing Act 1985 shall have effect for determining, for the purpose of subsection (5)(a), whether suitable alternative accommodation will be available for the tenant.

(7) Where the landlord considers that the ground for possession in subsection (4) applies to a tenancy, the court shall not entertain proceedings for possession of the tenancy unless the landlord has complied with the notice requirements in section 83 and subsections (3) and (4) of section 84 of the Housing Act 1985.

(8) Where proceedings are brought for possession of a dwelling-house under the ground in subsection (4), the court shall have the powers set out in section 85 of the Housing Act 1985.”

Clause 136

BARONESS HANHAM

174B*

Page 131, line 23, leave out subsection (6)

174C*

Page 131, line 31, leave out “the purposes of the Housing Act 1985” and insert “a term certain”

174D*

Page 131, line 38, leave out from second “tenancy” to end of line 39 and insert “that would be a flexible tenancy for a term certain of the length specified in the notice,”

174E*

Page 132, line 1, after “specifying” insert “a period of at least two years as”

174F*

Page 132, line 1, at end insert “, and

(c) setting out the other express terms of the tenancy.

(3) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (2).

(4) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.””

174G*

Page 132, line 2, leave out subsection (8)

174H*

Page 132, line 8, leave out “This section” and insert “Subsection (2)”

174J*

Page 132, line 10, after “tenancy” insert “within the meaning of section 107A of the Housing Act 1985”

174K*

Page 132, line 13, at beginning insert “If the landlord has served a notice within subsection (3) on the tenant before the end of the demoted tenancy then,”

174L*

Page 132, line 14, at end insert—

“(3) The notice must—

(a) state that, on ceasing to be a demoted tenancy, the tenancy will become a secure tenancy that is a flexible tenancy for a term certain of the length specified in the notice,

(b) specify a period of at least two years as the length of the term of the tenancy, and

(c) set out the other express terms of the tenancy.

(4) The length of the term of a flexible tenancy that becomes such a tenancy by virtue of this section is that specified in the notice under subsection (3).

(5) The other express terms of the flexible tenancy are those set out in the notice, so far as those terms are compatible with the statutory provisions relating to flexible tenancies; and in this subsection “statutory provision” means any provision made by or under an Act.””

174M*

Page 132, line 15, leave out subsection (10)

Before Clause 137

BARONESS HANHAM

174N*

Insert the following new Clause—

“Creation of tenancies of social housing

(1) In section 52 of the Law of Property Act 1925 (requirement that conveyances of land and interests in land be made by deed) in subsection (2) (exceptions) after paragraph (d) insert—

“(da) flexible tenancies;

(db) assured tenancies of dwelling-houses in England that are granted by private registered providers of social housing and are not long tenancies or shared ownership leases;”.

(2) After that subsection insert—

“(3) In this section—

“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

“dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;

“flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;

“long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

“shared ownership lease” means a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

174P*

Insert the following new Clause—

“Registration of tenancies of social housing

(1) The Land Registration Act 2002 is amended as follows.

(2) In section 3 (voluntary registration of title) after subsection (4) insert—

“(4A) A person may not make an application under subsection (2) in respect of a leasehold estate in land under a relevant social housing tenancy.”

(3) In section 4 (compulsory registration of title) after subsection (5) insert—

“(5A) Subsection (1) does not apply to the transfer or grant of a leasehold estate in land under a relevant social housing tenancy.”

(4) In section 27 (dispositions required to be registered) after subsection (5) insert—

“(5A) This section does not apply to—

(a) the grant of a term of years absolute under a relevant social housing tenancy, or

(b) the express grant of an interest falling within section 1(2) of the Law of Property Act 1925, where the interest is created for the benefit of a leasehold estate in land under a relevant social housing tenancy.”

(5) In section 33 (interests in respect of which notice may not be entered on the register) after paragraph (b) insert—

“(ba) an interest under a relevant social housing tenancy,”.

(6) In section 132(1) (interpretation) at the appropriate places insert—

““assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;”;

““dwelling-house” has the same meaning as in Part 1 of the Housing Act 1988;”;

““flexible tenancy” has the meaning given by section 107A of the Housing Act 1985;”;

““long tenancy” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;”;

““relevant social housing tenancy” means—

(a) a flexible tenancy, or

(b) an assured tenancy of a dwelling-house in England granted by a private registered provider of social housing, other than a long tenancy or a shared ownership lease;”;

““shared ownership lease” means a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house;”.

(7) In Schedule 1 (unregistered interests which override first registration) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.”

(8) In Schedule 3 (unregistered interests which override registered dispositions) after paragraph 1 insert—

“Relevant social housing tenancies

1A A leasehold estate in land under a relevant social housing tenancy.””

Clause 139

LORD RIX

BARONESS HOLLINS

LORD PATEL OF BRADFORD

LORD WIGLEY

175

Page 134, line 15, after “partner” insert “(priority successor)”

LORD RIX

BARONESS HOLLINS

LORD PATEL OF BRADFORD

176

Page 134, line 15, at end insert “, or

(c) P is a reserve successor.

A reserve successor is a person who is not a priority successor of the contract holder and who is either a carer or who meets the family member condition.”

LORD RIX

LORD WIGLEY

177

Page 134, leave out lines 16 to 24 and insert—

“(2) A person (“P” (reserve successor)) is qualified to succeed the tenant under a secure tenancy of a dwelling-house in England if at the time of the tenant’s death the dwelling-house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home.”

178

Page 134, leave out lines 27 to 30

BARONESS HANHAM

178ZA*

Page 134, line 44, leave out from beginning to end of line 5 on page 135

178ZB*

Page 135, line 17, at end insert—

“(6) The amendments made by this section do not apply in relation to a secure tenancy that—

(a) was granted before the day on which this section comes into force, or

(b) came into being by virtue of section 86 of the Housing Act 1985 (periodic tenancy arising on termination of fixed term) on the coming to an end of a secure tenancy within paragraph (a).”

Clause 140

BARONESS HANHAM

178ZC*

Page 136, line 48, at end insert—

“(7) This section does not apply to a fixed term assured tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

After Clause 140

BARONESS HANHAM

178ZD*

Insert the following new Clause—

“Secure and assured tenancies: recovery of possession after tenant’s death

(1) In section 90 of the Housing Act 1985 (devolution of fixed term secure tenancy) after subsection (4) insert—

“(5) The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a) has been vested or otherwise disposed of in the course of the administration of the secure tenant’s estate, and

(b) has ceased to be a secure tenancy by virtue of this section.

(6) Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7) The court may not entertain proceedings for an order for possession under this section unless—

(a) the landlord has served notice in writing on the tenant—

(i) stating that the landlord requires possession of the dwelling-house, and

(ii) specifying a date after which proceedings for an order for possession may be begun, and

(b) that date has passed without the tenant giving up possession of the dwelling-house.

(8) The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning with the date on which the notice is served on the tenant.

(9) On an application to the court for an order for possession under this section, the court must make such an order if it is satisfied that subsection (5) applies to the tenancy.

(10) The tenancy ends when the order is executed.”

(2) In Part 3 of Schedule 2 to that Act (grounds on which court may order possession of dwelling-house let on secure tenancy if reasonable and if alternative accommodation is available) after Ground 15 insert—

“Ground 15A

The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant and—

(a) the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant’s spouse or civil partner, and

(b) notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.

For this purpose “the relevant date” is—

(a) the date of the previous tenant’s death, or

(b) if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant’s death.

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a) the age of the tenant,

(b) the period (if any) during which the tenant has occupied the dwelling-house as the tenant’s only or principal home, and

(c) any financial or other support given by the tenant to the previous tenant.”

(3) In section 7 of the Housing Act 1988 (orders for possession of assured tenancies) after subsection (6) insert—

“(6A) In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.”

(4) In Part 1 of Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies: grounds on which court must order possession) in Ground 7 (devolution of tenancy under will or intestacy)—

(a) in the first unnumbered paragraph, after “tenancy)” insert “, or a fixed term tenancy of a dwelling-house in England,”,

(b) in the second unnumbered paragraph—

(i) omit “periodic”, and

(ii) after “period” insert “or length of term”, and

(c) after that paragraph insert—

“This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house—

(a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

(b) under which the lessee (or the lessee’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.””

After Clause 144

LORD PALMER OF CHILDS HILL

LORD SHIPLEY

178A

Insert the following new Clause—

“Orders for possession: cases in which ground 8 is not available

(1) Section 7 (orders for possession) of the Housing Act 1988 is amended as follows.

(2) In subsection (3) for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(3) In subsection (4) for “subsections (5A) and (6)” substitute “subsections (5A), (6) and (6A)”.

(4) After subsection (6) insert—

“(6A) If the court is satisfied—

(a) that ground 8 in Part 1 of Schedule 2 to this Act is established; and either

(b) that some rent is in arrears as a consequence of a delay or failure in the payment of relevant housing benefit, or

(c) the landlord is a private registered provider of social housing,

it shall not make an order for possession unless it considers it reasonable to do so.”

(5) After subsection (7) insert—

“(8) In subsection (6A) above—

(a) “relevant housing benefit” means—

(i) any rent allowance or rent rebate to which the tenant was entitled in respect of the rent under the Housing Benefit Regulations 2006; or

(ii) any payment on account of any such entitlement awarded under Regulation 93 of those Regulations;

(b) references to delay or failure in the payment of relevant housing benefit do not include such delay or failure as is referable to any wilful act or omission of the tenant.””

After Clause 145

LORD WIGLEY

178B

Insert the following new Clause—

“Proceeds from Housing Revenue Account subsidy scheme in Wales

(1) The Secretary of State shall make regulations providing that receipts from the Housing Revenue Account subsidy scheme in Wales shall not be remitted to the Treasury.

(2) The regulations must provide—

(a) that Welsh Ministers shall not remit other funds to the Treasury in lieu of receipts which would have been received from the operation of the Housing Revenue Account subsidy scheme in Wales, and

(b) that the financial effects of the regulations shall begin at the date on which this Act is passed.

(3) The regulations must be laid within 12 months of the passing of this Act and shall be subject to negative resolution procedure.”

After Clause 146

LORD BEST

178C

Insert the following new Clause—

“Proceeds of sale of social housing

(1) In section 11 of the Local Government Act 2003 (duty to determine affordable borrowing limit), omit subsections (2)(b), (3) and (4).

(2) Any regulation made under section 11(2)(b) of the Local Government Act 2003 shall cease to have effect from 1 April 2012.”

Clause 149

LORD BEST

178D

Leave out Clause 149 and insert the following new Clause—

“Definition of indebtedness

(1) A local authority shall determine and keep under review the amount of housing debt held by that authority.

(2) A determination under this section must have regard to the duty to determine an affordable borrowing limit under Section 3 of the Local Government Act 2003 (duty to determine affordable borrowing limit).

(3) A determination under this section must have regard to any guidance issued or approved by the Secretary of State.

(4) A local housing authority may not hold debt in contravention of a determination under this section.

(5) In this section “housing debt”, in relation to a local housing authority, means debt—

(a) which is held by the authority in connection with the exercises of its functions relating to houses and other property within its Housing Revenue Account, and

(b) interest and other charges in respect of which are required to be carried to the debit of that account.”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

 

The above-named Lords give notice of their intention to oppose the Question that Clause 149 stand part of the Bill.

Clause 154

LORD PATEL OF BRADFORD

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD BEST

 

The above-named Lords give notice of their intention to oppose the Question that Clause 154 stand part of the Bill.

Schedule 16

LORD BEST

178E

Page 361, line 27, leave out “, unfit or unsuitable” and insert “or unfit”

Schedule 17

LORD BEST

178F

Page 370, line 24, at end insert—

“In section 122 (payments to members etc.), after subsection (5) insert—

“(5A) Class 4 is payments which are made incidentally to members as a result of their belonging to a class of persons to whom the provider is properly making payments in pursuance of its constitution or objects.

(5B) Class 5 is payments made with the consent of the regulator.””

178G

Page 374, line 10, at end insert—

“17 In section 269 (appointment of new officers), for subsection (2) substitute—

“(2) The regulator may appoint more than four of the officers of a registered provider only if the provider has fewer officers than required by its constitution.””

Clause 158

BARONESS HAYTER OF KENTISH TOWN

LORD BEST

LORD PATEL OF BRADFORD

179

Page 144, line 7, leave out “must” and insert “may”

180

Page 144, line 8, leave out “is not “duly made”” and insert “may be made”

181

Page 144, line 9, leave out “unless it is”

LORD PALMER OF CHILDS HILL

LORD TOPE

181ZZA

Page 144, line 31, at end insert—

“( ) If having made a determination to pay compensation, the Ombudsman must explain how the level of compensation has been calculated.”

LORD BEST

181ZA

Page 145, leave out lines 16 to 37

Clause 160

LORD WILLS

181A

Page 149, line 30, at end insert—

“(9) In Part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities) at the appropriate place insert—

“A Housing Ombudsman.””

After Clause 161

LORD AVEBURY

BARONESS WHITAKER

182

Insert the following new Clause—

“Duties of local housing authorities: accommodation needs of Gypsies and Travellers

In section 225 of the Housing Act 2004 (duties of local housing authorities: accommodation needs of gypsies and travellers) after subsection (1) insert—

“(1A) Assessments under subsection (1) shall be carried out no less frequently than every five years.

(1B) Within one year of the date on which the Localism Act 2011 is passed, every local housing authority which has not carried out an assessment under subsection (1) within the previous four years must complete and publish such an assessment.

(1C) Every local housing authority has a duty to provide or to ensure the provision of sufficient accommodation for gypsies and travellers residing in or resorting to their district, having regard to the assessment under subsection (1).

This subsection shall come into force 18 months after the date on which the Localism Act 2011 is passed.””

LORD BEST

LORD CAMERON OF DILLINGTON

182A

Insert the following new Clause—

“Exclusion of certain rural dwellings from the preserved right to buy

The preserved right to buy under section 171A of the Housing Act 1985 (cases in which right to buy is preserved) shall not be available in respect of a dwelling-house let by a registered provider of social housing in a rural area designated for the purposes of section 17(1)(b) of the Housing Act 1996 (right of tenant to acquire dwelling: supplementary provisions).”

LORD BEST

BARONESS HAYTER OF KENTISH TOWN

182B

Insert the following new Clause—

“Tenancy deposit schemes

(1) Section 213 of the Housing Act 2004 (requirements relating to tenancy deposits) is amended as follows.

(2) For subsection (3) substitute—

“(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the deposit must be protected by the landlord within the period of 14 days beginning with the date on which it is received.”

(3) For subsection (4) substitute—

“(4) For the purposes of this section, a deposit is protected when the landlord complies with such requirements of an authorised scheme as fall to be observed by a landlord for the purpose of subsection (1).”

(4) In subsection (5)(b), omit the word “initial”.

(5) After subsection (8) insert—

“(8A) Where a person becomes the landlord of premises held under a tenancy to which subsection (1) applies, but in respect of which the provisions of subsections (3) and (6) have not been complied with, for the purposes of this section that person shall be deemed to have received the deposit on the date of transfer of the reversion.

(8B) Where a shorthold tenancy in respect of which a tenancy deposit was paid by the tenant began before the commencement date of this section, and after the commencement date a replacement tenancy is entered into, the landlord shall be deemed to have received the deposit for the purposes of this section on the day on which the replacement tenancy began.”

(6) After subsection (9) insert—

“(10) For the purposes of this Chapter, a replacement tenancy is a tenancy (whether of the same premises as those let under the earlier tenancy or otherwise)—

(a) which comes into being on the coming to an end of an assured shorthold tenancy, and

(b) under which, on its coming into being—

(i) the landlord is a person who (alone or jointly with others) was a landlord under the earlier tenancy;

(ii) the tenant is a person who (alone or jointly with others) was a tenant under the earlier tenancy; and

(iii) under which the deposit, or part of the deposit, received by the landlord under the earlier tenancy (or under a previous tenancy) is retained by the landlord.””

LORD BEST

182C

Insert the following new Clause—

“Proceedings relating to tenancy deposits

(1) Section 214 of the Housing Act 2004 (proceedings relating to tenancy deposits) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with section 213(3) or that subsection (6) of that section has not been complied with; or”.

(3) In subsection (2), for paragraph (a) substitute—

“(a) that the deposit has not been protected in accordance with subsection (4) or that subsection (6) has not been complied with, or”.

(4) In subsection (3), after paragraph (b) insert “(unless the tenancy in question and any replacement tenancy have ended)”.

(5) For subsection (4) substitute—

“(4) The court must also order the landlord to pay to the applicant such additional sum of money as it shall consider reasonable being not less than the amount of the deposit nor more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order.”

(6) After subsection (6) insert—

“(7) In determining the sum of money payable by the landlord under subsection (4), the court shall have regard to all the circumstances, and in particular—

(a) the landlord’s reasons for his failure to comply with his obligations under this Chapter;

(b) whether the landlord knew, or ought to have known, of his obligations; and

(c) the length of time taken by the landlord in complying with his obligations.

(8) In considering the extent of the landlord’s knowledge under subsection (7)(b), the court shall assume that the landlord knew, or ought to have known, of his obligations unless the contrary is proved.

(9) In this section, references to a tenant include any person or persons who is or was the tenant under a tenancy to which section 213(1) relates, or under any replacement tenancy.””

182D

Insert the following new Clause—

“Sanctions for non-compliance

(1) Section 215 of the Housing Act 2004 (sanctions for non-compliance) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute—

“(a) the deposit has not been protected (see section 213(4)), or

(b) the deposit is not being held in accordance with an authorised scheme”.”

LORD BEST

LORD FOULKES OF CUMNOCK

182E

Insert the following new Clause—

“Community land trusts and leasehold enfranchisement

(1) The Housing and Regeneration Act 2008 is amended as follows.

(2) After section 302, insert—

“302A Community land trust and leasehold enfranchisement

(1) Regulations may make provision for securing that in prescribed circumstances—

(a) an enfranchisement right is not exercisable in relation to dwellings owned (whether freehold or leasehold) by a community land trust as defined in section 79 of this Act, or

(b) the exercise of an enfranchisement right in relation to that land is subject to modifications provided for by the regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to acquire the freehold of a house (enfranchisement),

(b) the right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a community land trust or any other specified person, and

(b) require notice to be given by a community land trust in any case where, as a result of the regulations, an enfranchisement right is not exercisable or is exercisable subject to modifications.””

LORD BEST

182F

Insert the following new Clause—

“The Homes and Communities Agency: annual report

In Schedule 1 to the Housing and Regeneration Act 2008 (the Homes and Communities Agency), after sub-paragraph (1)(a) of paragraph 11 insert—

“(aa) state within the report, in particular, the total number of new properties delivered during each year, also specifying, in respect of new properties in the area of each local housing authority—

(i) how many are located within a settlement of fewer than 10,000, and fewer than 3,000, inhabitants;

(ii) the number let on long leases, fixed-term shorthold tenancies, and periodic tenancies;

(iii) levels of rent;

(iv) the number designed for use as housing for older people;

(v) the number designed for use as housing for other vulnerable groups;

(vi) the size as defined by the number of bedrooms;

(vii) such other categories as may appear to the HCA to be appropriate or may be specified by the Secretary of State.””

LORD SHIPLEY

182G

Insert the following new Clause—

“Standards for private sector lettings and management agents

The Secretary of State may by regulations set the standards that private sector lettings agents and management agents must adhere to.”

BARONESS DOOCEY

LORD PALMER OF CHILDS HILL

182H

Insert the following new Clause—

“Statutory overcrowding: reform of overcrowding standard

(1) Part X of the Housing Act 1985 is amended as follows.

(2) For sections 324 to 332 substitute—

“324 Statutory overcrowding

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene the standard specified in section 325 (the overcrowding standard).

325 Overcrowding standard

(1) The overcrowding standard is contravened when the number of rooms in a dwelling which are available as sleeping accommodation is smaller than the number specified in subsection (3), having regard to the number and description of persons who are ordinarily resident in the dwelling.

(2) For the purpose of calculating the number of rooms available as sleeping accommodation, no account shall be taken of a room which is of a type normally used in the locality as a living room or of a kitchen.

(3) The permitted numbers are specified in the table below.

Description of persons Number of rooms
Two persons who are spouses or civil partners of each other (or who live together as husband and wife or as if civil partners) 1
Each other person over the age of 21 1
Any pair of children both aged under 10 1
Any pair of children or young persons of the same sex both aged under 21 1
Any child or young person under the age of 21 not included in any of the above categories 1.

(4) In applying the standard specified in subsection (3)—

(a) no account shall be taken of a room having a floor area of less than 50 square feet;

(b) a room measuring 50 square feet or more but less than 70 square feet shall not be taken to be available for anyone other than one child under 10;

(c) a room measuring more than 70 square feet but less than 90 square feet shall not be taken to be available for anyone other than one person of any age or two children under 10;

(d) a room measuring more than 90 square feet but less than 110 square feet shall not be taken to be available for anyone other than one person of any age or two persons of whom at least one must be a child under 10; and

(e) a room measuring 110 square feet shall be taken to be avialable for two persons of any age.

(5) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation of floor space in a part of the room which is less than a specified height not exceeding eight feet.

326 Notice to abate overcrowding

(1) Where a dwelling is found to contravene the overcrowding standard, the local housing authority may serve on the owner or manager of the dwelling notice in writing requiring him to take reasonable steps to abate the overcrowding within 28 days from the date of service of the notice.

(2) For the purposes of subsection (1), a person shall be considered to have taken reasonable steps to abate the overcrowding if he takes such steps as are necessary in law to recover possession of the dwelling or to reduce the number of persons in occupation of the dwelling or if he does any other act which in the opinion of the authority amounts to a reasonable response to the abatement notice.

(3) If, within the period of 28 days following service of an abatement notice under subsection (1), or within such further period as the local housing authority shall in its discretion allow, the owner or manager has not taken reasonable steps to abate the overcrowding, the authority may apply for an order to the county court.

(4) On an application by the local housing authority under subsection (3), the court may order that vacant possession of the dwelling or part of the dwelling be given to the landlord within such period as the court may determine.

(5) An order under subsection (4) may be stayed or suspended for such period and on such conditions as the court shall decide.

(6) In exercising its powers under subsection (4), the court shall have regard to the interests of any tenant or occupier of the premises, and in particular to the security of tenure of any protected or statutory tenant under the Rent Act 1977 or any assured tenant under the Housing Act 1988.

(7) Expenses incurred by the local housing authority under this section in securing possession of a dwelling may be recovered from the landlord or manager by action.

(8) Service of an abatement notice under subsection (1) shall not prevent the authority from serving a prohibition order under section 20 of the Housing Act 2004.”

(3) Omit sections 335 to 344.”

LORD PALMER OF CHILDS HILL

LORD SHIPLEY

182J

Insert the following new Clause—

“Tenancy relations services

(1) Every local housing authority shall provide a tenancy relations service.

(2) For the purposes of subsection (1), a tenancy relations service shall be operated or managed by a specified officer or officers of the authority and the work of the service shall include—

(a) providing or securing the provision of advice to private sector tenants and landlords concerning their respective rights and obligations;

(b) providing or securing the provision of assistance in the resolution of disputes, including measures for conciliation;

(c) providing and collecting evidence for the purposes of the authority’s powers of enforcement and of prosecution; and

(d) promoting best practice in the private rented sector, or securing that best practice is otherwise promoted.”

BARONESS GARDNER OF PARKES

182K

Insert the following new Clause—

“Requirements to maintain property to appropriate standard

Where the residents of a particular street or other residential area petition the local authority to the effect that the owners of one or more properties in their street or area are not being maintained to the standard appropriate to properties in that street or area, the local authority may require the owners of the property to carry out such reasonable repairs and maintenance as are necessary to keep the property up to the average standard of repair of the other properties in the street or area.”

BARONESS HANHAM

182KA*

Insert the following new Clause—

“Tenants’ deposits

Tenancy deposit schemes

(1) The Housing Act 2004 is amended as follows.

(2) In section 213 (requirements relating to tenancy deposits)—

(a) in subsection (3) (landlord’s requirement to comply with initial requirements within 14 days of receipt of deposit) for “14” substitute “30”, and

(b) in subsection (6)(b) (landlord’s requirement to give tenant information within 14 days of receipt of deposit) for “14” substitute “30”.

(3) Section 214 (proceedings relating to tenancy deposits) is amended as follows.

(4) In subsection (1) (grounds for an application to a county court) for paragraph (a) substitute—

“(a) that section 213(3) or (6) has not been complied with in relation to the deposit, or”.

(5) After subsection (1) insert—

“(1A) Subsection (1) also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.”

(6) In subsection (2) (conditions for a remedy)—

(a) in the opening words—

(i) for “Subsections (3) and (4)” substitute “Subsection (3) (subject to subsection (3A)) and subsection (4)”,

(ii) omit “such”, and

(iii) after “application” insert “under subsection (1)”, and

(b) for paragraph (a) substitute—

“(a) is satisfied that section 213(3) or (6) has not been complied with in relation to the deposit, or”.

(7) After subsection (3) insert—

“(3A) Subsection (3) does not apply in a case where the tenancy has ended at the time of the application under subsection (1), and in such a case the court may order the person who appears to the court to be holding the deposit to repay all or part of it to the applicant within the period of 14 days beginning with the date of the making of the order.”

(8) In subsection (4) (amount of penalty payment)—

(a) omit “also”, and

(b) for “equal to” substitute “not less than the amount of the deposit and not more than”.

(9) Section 215 (sanctions for non-compliance) is amended as follows.

(10) In subsection (1) (prevention of service of notice under section 21 of the Housing Act 1988)—

(a) at the beginning insert “Subject to subsection (2A),”, and

(b) for paragraph (b) substitute—

“(b) section 213(3) has not been complied with in relation to the deposit.”

(11) In subsection (2) (prevention of service of notice under section 21 of the Housing Act 1988) at the beginning insert “Subject to subsection (2A),”.

(12) After subsection (2) insert—

“(2A) Subsections (1) and (2) do not apply in a case where—

(a) the deposit has been returned to the tenant in full or with such deductions as are agreed between the landlord and tenant, or

(b) an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.”

(13) In Schedule 10 (provisions relating to tenancy deposit schemes) in paragraph 5A(9)(b) (modification of section 213(3)) for “14” substitute “30”.”

182KB*

Insert the following new Clause—

“Houses in multiple occupation

Exemption from HMO licensing for buildings run by co-operatives

(1) In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the purposes of that Act (excluding Part 1)) after paragraph 2A insert—

“Buildings controlled or managed by a co-operative society

2B (1) A building where—

(a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and

(b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.

(2) The conditions are—

(a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,

(b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,

(c) that each member has equal voting rights at such a meeting, and

(d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member’s invitation.

(3) For the purposes of sub-paragraph (1) “co-operative society” means a body that—

(a) is registered—

(i) as a co-operative society under section 1 of the 1965 Act, or

(ii) is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and

(b) is neither—

(i) a non-profit registered provider of social housing, nor

(ii) registered as a social landlord under Part 1 of the Housing Act 1996.

(4) In this paragraph—

“the 1965 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;

“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

“protected tenancy” has the same meaning as in the Rent Act 1977;

“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.”

(2) Until the coming into force of section 1 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if for sub-paragraph (3)(a) of that paragraph there were substituted—

“(a) is a society registered, or treated as registered, under section 1 of the 1965 Act in the case of which the condition in section 1(2)(a) of that Act is fulfilled (bona fide co-operative society),”.

(3) Until the coming into force of section 2 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if in sub-paragraph (4) of that paragraph “Industrial and Provident Societies Act 1965” were substituted for “Co-operative and Community Benefit Societies and Credit Unions Act 1965”.

(4) In subsections (2) and (3) “the 2010 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 2010.”

After Clause 163

LORD PALMER OF CHILDS HILL

BARONESS DOOCEY

182L

Insert the following new Clause—

“Establishing a Strategic Board

(1) The authority must establish a “London Housing and Regeneration Board”.

(2) The “London Housing and Regeneration Board” is to consist of such numbers (being not less than six) as the authority may from time to time appoint.

(3) The authority must appoint one of the members as the person with the function of chairing the London Housing and Regeneration Board.

(4) In appointing a person to be a member the authority—

(a) must have regard to the desirability of appointing a person who has experience of, and shown some capacity in, a matter relevant to the exercise of the functions set out in this Chapter,

(b) must be satisfied that the person will have no financial or other interest likely to affect prejudicially the exercise of the person’s functions as a member, and

(c) must ensure that an appropriate number of members on the Board are appointed representatives of London boroughs.

(5) In exercising its housing and regeneration functions and powers subsequent to the enactment of this Chapter the authority must consult and obtain agreement from the “London Housing and Regeneration Board.”

Clause 199

LORD TRUE

183

Page 176, line 17, after “Mayor” insert “or to the London boroughs or any borough or group of London boroughs within the Greater London Authority area”

184

Page 176, line 27, at end insert—

“( ) No delegation to the Mayor under subsection (1) above may be made unless the Secretary of State has—

(a) consulted all London boroughs and the City of London on whether the function could be more appropriately and effectively conducted at a more local level by London boroughs, or any borough or group of London boroughs within the Greater London Authority area, and

(b) if a majority of the authorities consulted think that the function could be more appropriately and effectively conducted at borough level, laid a statement before Parliament explaining why the function should not be delegated to a more local level than the Mayor.”

After Clause 206

BARONESS KRAMER

185

Insert the following new Clause—

“Transport for London: Rail Authority for London

(1) Section 196 of the Greater London Authority Act 1999 (power of Greater London Authority to give instructions or guidance to Franchising Director) is amended as follows.

(2) In subsection (1), for “The Authority may give instructions or guidance to” substitute “Transport for London shall be”.

(3) Omit subsections (2) to (4).

(4) In subsection 5—

(a) in the opening words, omit from “give” to the end;

(b) in paragraph (a), for “prevent or seriously hinder him from complying” substitute “fail to comply”;

(c) omit paragraph (b) (but not the “or” following it).

(5) In subsection (6), for “the Authority” (in both places) substitute “Transport for London”.

(6) In subsection (7), for “instructions or guidance may be given” substitute “the Franchising Director shall act”.

(7) In subsection (8), for “the Authority” (in both places) substitute “Transport for London”.

(8) Omit subsection (9).

(9) For the title substitute “Transport for London to be the Franchising Director”.”

BARONESS KRAMER

LORD TOPE

186

Insert the following new Clause—

“London Transport Users’ Committee

(1) On the day appointed for the commencement of this subsection, the body corporate known as the London Transport Users’ Committee that was established by section 247 of the Greater London Authority Act 1999 (as amended) shall cease to exist.

(2) All statutory powers, duties and responsibilities of the London Transport Users’ Committee shall on the day appointed for the commencement of this subsection vest and devolve in the Greater London Authority and are to be exercised by the London Assembly.

(3) Any appointment to the London Transport Users’ Committee in pursuance of section 247 of the Greater London Authority Act 1999 (as amended) shall cease to have effect and section 247 of that Act (as amended) shall cease to have effect from the commencement of this subsection.

(4) References in enactments, instruments and other documents to London Transport Users’ Committee shall have effect from the commencement of this subsection as references to the London Assembly.

(5) Section 251 of and Schedule 18 to the Greater London Authority Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(6) Section 248 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “Authority or” in subsection (1)(a) and by omitting the words “or the Authority” in subsection (3)(b).

(7) Section 249 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (3).

(8) Section 250 of the Greater London Authority Act 1999 (as amended) shall be amended by omitting subsection (1)(a), the words “the Assembly and” in subsection (2) and the words “the Assembly” in subsection (3).

(9) Section 252A of the Greater London Authority Act 1999 (as amended) shall be amended by substituting the words “the Committee” for the words “the London Transport Users’ Committee” in subsection (2)(a).

(10) Section 252B of the Greater London Authority Act 1999 (as amended) shall be amended by omitting the words “the London Assembly” in subsection (1)(b).”

186A

Insert the following new Clause—

“Administrative, professional and technical services

(1) Section 401A of the Greater London Authority Act 1999 (administrative, professional and technical services) is amended as follows.

(2) In subsection (1) after paragraph (a) insert—

“(aa) the Commissioner of Police for the Metropolis,

(ab) the Homes and Communities Agency,

(ac) the Lee Valley Regional Park Authority,

(ad) the London Pensions Fund Authority,

(ae) the London Transport Users Committee,”.”

LORD COTTER

186AA

Insert the following new Clause—

“Local enterprise partnerships

The Secretary of State must take steps within three months of the passing of this Act to introduce a model constitution for the formation of local enterprise partnerships.”

LORD JENKIN OF RODING

186AB

Insert the following new Clause—

“Cessation of London Transport Users’ Committee

(1) On the day appointed for the commencement of this subsection, the body corporate known as the London Transport Users’ Committee that was established by section 247 of the Greater London Authority Act 1999 (as amended) shall cease to exist.

(2) All statutory powers, duties and responsibilities of the London Transport Users’ Committee shall on the day appointed for the commencement of this subsection vest and devolve in the Greater London Authority and are to be exercised by the London Assembly.

(3) Any appointment to the London Transport Users’ Committee in pursuance of section 247 of the Greater London Authority Act 1999 as amended shall cease to have effect and section 247 of the GLA Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(4) References in enactments, instruments and other documents to London Transport Users’ Committee established by section 247 of the 1993 Act shall have effect from the commencement of this subsection as references to the London Assembly.

(5) Section 251 of and Schedule 18 to the Greater London Authority Act 1999 (as amended) shall cease to have effect from the commencement of this subsection.

(6) Section 248 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of the words “Authority or” in subsection (1)(a) and by the omission of the words “or the Authority” in subsection (3)(b).

(7) Section 249 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of subsection (3).

(8) Section 250 of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of subsection (1)(a) “to the Assembly”, the words “the Assembly and” in subsection (2) and the words “the Assembly” in subsection (3).

(9) Section 252A of the Greater London Authority Act 1999 (as amended) shall be amended by the substitution of the words “the Committee” for the words “the London Transport Users’ Committee” in subsection (2)(a).

(10) Section 252B of the Greater London Authority Act 1999 (as amended) shall be amended by the omission of the words “the London Assembly” in subsection (1)(b).”

Before Clause 207

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

186AC*

Insert the following new Clause—

“Power to transfer functions to permitted authorities

(1) The Secretary of State may by order make provision in relation to a specified permitted authority—

(a) conferring an eligible function on any person or body on the specified permitted authority in relation to a relevant area;

(b) transferring an eligible function from any person or body to the specified permitted authority in relation to a relevant area;

(c) about the discharge of eligible functions that are conferred on, or transferred to, permitted authorities by virtue of this section (including provision enabling the discharge of those functions to be delegated).

(2) An order under this section may modify any enactment (whenever passed or made) for the purpose of making the provision mentioned in subsection (1).

(3) The power to modify an enactment in subsection (2) is a power—

(a) to apply that enactment with or without modifications,

(b) to extend, disapply or amend that enactment, or

(c) to repeal or revoke that enactment with or without savings.

(4) An order under this section shall only be made if the Secretary of State considers that the order would achieve the purpose of the promotion of economic development or wealth creation in the relevant area.

(5) No eligible function may be conferred upon a permitted authority by an order under this section without that authority’s consent.

(6) Section 101 of the Local Government Act 1972 shall apply in relation to functions conferred or transferred under subsection (1).

(7) An order under this section may make provision for and in connection with the transfer of property, rights and liabilities from the person who, or body which, would have an eligible function but for the order (“the transferor”) to the permitted authority by whom the function is made exercisable by virtue of the order.

(8) The things that may be transferred by virtue of provision made under subsection (7) include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the order.

(9) Provision which may be made under subsection (7) includes, in particular, provision—

(a) for the creation of rights, or the imposition of liabilities, in relation to property or rights transferred;

(b) about the continuing effect of things done by the transferor in respect of anything transferred;

(c) about the continuation of things (including legal proceedings) in the process of being done by, or on behalf of or in relation to the transferor in respect of anything transferred;

(d) for references to the transferor in an instrument or other document relating to anything transferred to be treated as references to the local authority;

(e) for the shared ownership or use of property;

(f) that has the same or similar effect to the TUPE regulations (so far as those regulations do not apply in relation to the transfer);

(g) for the transferor and local authority to be able to modify other provision made in relation to the transfer by agreement;

(h) for any modifications under paragraph (g) to have effect from the date when the transfer had effect under the order.

(10) For the purposes of this section—

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.

(11) In this section—

“civil service” means the civil service of the State;

“eligible function” means any function or power that:

(a) does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges; and

(b) the Secretary of State considers can appropriately be exercised by the permitted authority for the purposes set out in subsection (4).

“local authority” means a county council, a unitary authority including a metropolitan borough council, or a non-unitary district council, but does not include any local authority within Greater London;

“permitted authority” means—

(a) a local authority;

(b) a combined authority established pursuant to section 103 of the Local Democracy, Economic Development and Construction Act 2009; or

(c) an economic prosperity board established pursuant to section 88 of the Local Democracy, Economic Development and Construction Act 2009.

“relevant area” means—

(a) the area of the specified permitted authority, or

(b) where the specified permitted authority is a local authority, the area of that local authority and the area of one or more other local authorities provided that:

(i) no part of the total relevant area is separated from the rest of it by one or more local government areas that are not within the area;

(ii) there is no local government area that is surrounded by local government areas that are within the area but that is not itself within the area;

provided that no order under this section shall be made in relation to a local authority area covered part by an existing order made under this section;

“specified” means specified or described in an order made by the Secretary of State under this section;

“TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246);

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.”

186AD*

Insert the following new Clause—

“Decision by the Secretary of State as to the exercise of powers under section (power to transfer functions to permitted authorities)

(1) If the Secretary of State receives a relevant proposal from any permitted authority, the Secretary of State must—

(a) consider the proposal, and

(b) notify the permitted authority making the proposal and any other permitted authority whose area is included in the relevant area to which the proposal relates of what action, if any, the Secretary of State is to take in relation to the proposal.

(2) For the purposes of subsection (1) a “relevant proposal” is a proposal—

(a) as to how the Secretary of State should exercise the powers in section 201 in relation to any area which is a “relevant area” within the meaning set out in section 201(11),

(b) that is accompanied by such information and evidence as the Secretary of State may specify in regulations made under this section.

(3) The Secretary of State shall from time to time specify in criteria in regulations which the Secretary of State shall apply when considering the exercise of the power to make an order under section 201(1). Such criteria shall include criteria which the Secretary of State considers desirable to secure appropriate governance and accountability for the operation of the relevant area to which the order applies.

(4) The Secretary of State shall consult with local authorities, before publishing or amending the criteria and information required by subsections (2)(b) and (3).

(5) Before making, revoking or varying an order under subsection (1), the Secretary of State shall consult such persons as appear to him or her to be affected.”

186AE*

Insert the following new Clause—

“Delegation of functions by Ministers within an area covered by an Order under section (power to transfer functions to permitted authorities)

(1) If an order under section 201(1) is in force a Minister of the Crown may, to such extent and subject to such conditions as that Minister thinks fit, delegate to a permitted authority named in that order any of that Minister’s eligible functions.

(2) A function is eligible for the purposes of subsection (1) above if—

(a) it does not consist of a power to make regulations or other instruments of a legislative character or a power to fix fees or charges, and

(b) the Secretary of State considers that it can appropriately be exercised by the permitted authority.

(3) No delegation under subsection (1) above, and no variation of a delegation under subsection (1) above, may be made without the agreement of the permitted authority.

(4) A delegation under subsection (1) above may be revoked at any time by any Minister of the Crown.

(5) Section 101 of the Local Government Act 1972 shall apply in relation to functions delegated under subsection (1).”

186AF*

Insert the following new Clause—

“Super-affirmative resolution procedure

(1) For the purposes of section (power to transfer functions to permitted authorities) the “super-affirmative resolution procedure” in relation to the making of an order pursuant to a draft order laid under that section is as follows.

(2) The Minister must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(3) If, after the expiry of the 60-day period, the Minister wishes to make an order in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (2)(a); and

(b) if any representations were so made, giving details of them.

(4) The Minister may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament.

(5) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (3) and before the draft order is approved by that House under subsection (4), recommend under this subsection that no further proceedings be taken in relation to the draft order.

(6) Where a recommendation is made by a committee of either House under subsection (5) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (4) unless the recommendation is, in the same Session, rejected by resolution of that House.

(7) If, after the expiry of the 60-day period, the Minister wishes to make an order consisting of a version of the draft order with material changes, the Minister must lay before Parliament—

(a) a revised draft order; and

(b) a statement giving details of—

(i) any representations made under subsection (2)(a); and

(ii) the revisions proposed.

(8) The Minister may after laying a revised draft order and statement under subsection (7) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament.

(9) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (7) and before it is approved by that House under subsection (8), recommend under this subsection that no further proceedings be taken in relation to the revised draft order.

(10) Where a recommendation is made by a committee of either House under subsection (9) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (8) unless the recommendation is, in the same Session, rejected by resolution of that House.

(11) For the purposes of subsections (4) and (8) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order.

(12) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft order was laid before Parliament under section (power to transfer functions to permitted authorities).

(13) In this section “representations” means any representation made to the Minister by any person or body.”

Clause 209

LORD TOPE

LORD SHIPLEY

186B

Page 183, line 6, at end insert—

“( ) an order under section 31(3A);”

LORD MCKENZIE OF LUTON

LORD BEECHAM

LORD PATEL OF BRADFORD

186C

Page 183, line 6, at end insert—

“( ) an order under section 36(2A) or (3);”

186D*

Page 183, line 35, at end insert—

“( ) If an order made under section (power to transfer functions to permitted authorities) would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

Schedule 25

LORD TRUE

LORD HOWARD OF RISING

BARONESS HANHAM

EARL ATTLEE

187

Page 405, leave out lines 8 and 9

BARONESS HANHAM

187A

Page 421, line 18, at end insert—

“Section 55(3)(b) and (d).”

After Clause 212

LORD JENKIN OF RODING

187B

Insert the following new Clause—

“Post-legislative impact assessment

(1) The Secretary of State must produce and lay before Parliament an assessment of additional expenditure incurred by relevant authorities as a direct consequence of this Act within two years of the Act’s commencement.

(2) This assessment will be known as the Localism Act post-legislative impact assessment.

(3) A relevant authority must supply the Secretary of State with such financial information as the Secretary of State may specify for the purposes of enabling the Secretary of State to exercise functions under this section.

(4) In producing the Localism Act post-legislative impact assessment, the Secretary of State must have regard to—

(a) any relevant guidance issued in relation to new financial burdens placed on local authorities;

(b) any relevant pre-commencement regulatory impact assessment; and

(c) information submitted by relevant authorities as the Secretary of State may require.

(5) In this section “relevant authorities” means—

(a) county councils in England;

(b) district councils in England;

(c) London borough councils;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Greater London authority;

(f) the Council of the Isles of Scilly.”

Clause 214

LORD GREAVES

LORD RENNARD

188

Page 186, line 46, at end insert—

“( ) Chapter 1 of Part 4 may not be commenced until universal individual voter registration has been introduced.”

Prepared 6th July 2011